However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

From January 2013 to April 2014, the Defendant worked for the victim E in the third floor of the D building located in Gwangju Dong-gu, Gwangju as an employee, and was engaged in the delivery and collection of food.

around June 3, 2013, the Defendant spent total of KRW 35,157,750 on 223 occasions from around March 8, 2014, including the Defendant’s arbitrary use of KRW 28,00,00 received from the customers for the above victim as living expenses, from around March 8, 2014.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to the investigation report (calculated total amount of embezzlement);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area ( April to April 1) of the type of embezzlement crime, the scope of which is recommended on the sentencing criteria; and

2. Specific grounds for sentencing - the circumstance in which the defendant has committed the instant crime: on February 27, 2015, the defendant embezzled the amount of KRW 35 million for the victim; the defendant repaid the amount of KRW 15 million for the victim on March 28, 2015; and the victim expressed his/her intent not to be punished against the defendant on March 28, 2015. The defendant was sentenced to imprisonment with prison labor for one year at the Gwangju District Court on November 8, 2012 and two years of suspension of execution for fraud, etc. on November 16, 2012. The judgment became final and conclusive on November 16, 2012. The instant crime was committed during the suspension period of the said judgment; the defendant embezzled the amount of KRW 35 million for about nine months; the defendant did not completely recover from damage for at least one year after the final embezzlement; the defendant was sentenced to imprisonment with prison labor for fraud or fraudulent documents or one time more times, and was sentenced to a fine in addition to imprisonment.