From February 1, 2015, the Defendant, as a business member of the Victim C Co., Ltd. in Gyeyang-gu, Incheon Gyeyang-gu, was engaged in the business of supplying the company’s ice ice ice c to the customer and depositing the goods from the customer into the account of the victim company.

The defendant thought that the defendant did not deposit the money that he received from the customer with the victim's company account because of the shortage of living expenses only by paying the money.

On February 2, 2015, the Defendant arbitrarily consumed KRW 57,126,434 as shown in the annexed Table of Crimes from around that time to March 2019, in addition to using part of the price of goods in cash received from the customer for the purpose of living expenses for the victim company, and deposit only the remaining amount into the victim company account, at a place where it is difficult to identify a place of not more than 2,000 Sincheon-si.

Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.

Summary of Evidence

1. Application of Acts and subordinate statutes to each written statement by the prosecutor's office concerning D's legal statement of the defendant, each written statement by the prosecutor's office, the current status of monthly sales and payments, the suspect's account analysis table, and the investigation report on the current status of sales and payments in the current status of transactions

1. It is so decided as per Disposition on the grounds that the relevant Article of the Criminal Act concerning the facts constituting an offense amounts to imprisonment with prison labor or heavier than the choice of punishment under Articles 356 and 355(1)

Reasons for sentencing

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: The crime of this case in June is that the defendant embezzleds the proceeds of goods kept in his/her duties, and the nature of the crime is not good in light of the circumstances, methods, frequency, period, etc. of the crime;

The amount of damage to the crime of this case.