횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Upon request from the victim C who is not good in financial transaction credit, the defendant registered the business operator D in the name of the defendant in the name of the defendant, and opened the Agricultural Cooperative Deposit Account (E) in the name of the defendant in the name of the defendant.
On September 4, 2013, while the Defendant kept the money deposited in the said deposit account for the victim, the Defendant withdrawn KRW 200,000 from the said deposit account with a cash card from the said deposit account and consumed it as living expenses, etc. from the day in Busan City to October 10, 2013. At the same time, the Defendant withdrawn KRW 31,313,480 in total over 51 times, as shown in the list of crimes in the attached Table, from around December 10, 2013, and arbitrarily consumed it as living expenses, etc.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement protocol with respect to C;
1. Application of Acts and subordinate statutes on filing of a complaint, details of account transactions, and investigation reports (Revision to Crime List);
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] No person [the person subject to special sentencing] [the person subject to special sentencing] [the decision of sentencing] has no other criminal records. The whole of the decisions of sentencing is due to his mistake, and the execution of imprisonment is suspended in consideration of the circumstances of the instant crime, the defendant's age, health status, etc.