A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal record] On January 27, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon Giwon, and the judgment became final and conclusive on April 16, 2016.

[Criminal facts] The Defendant, as the chief secretary of C (representative D) office of a certified judicial scrivener office in 307, was engaged in assisting affairs.

On January 7, 2013, the victim E deposited KRW 4.5 million in the case of application for provisional attachment No. 6935 at the Suwon District Court, Ansan Branch, 2012 Ka 6935, and deposited KRW 4.5 million in the case of application for provisional attachment No. 2013 at the same court around January 13, 2014, and deposited KRW 1.1 million in the case of application for provisional attachment No. 6281 at the same court No. 144, 2014, the victim E deposited KRW 2014 at the same court as 1.1.1 million, and directly requested the defendant to conduct the above affairs as his/her agent, designating C

On May 22, 2015, the Defendant received KRW 1.1 million from the Suwon District Court's Ansan District Court's Ansan Branch, which was located in the Gu of Ansan-si, to the Agricultural Cooperative account in the name of D and withdrawn it on the same day and consumed it for hospital expenses and other personal purposes. On June 8, 2015, the Defendant received KRW 4.5 million from the said deposit to the Agricultural Cooperative account in the name of D and used it for the purpose of personal purposes such as hospital expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Each letter of deposit, each order to provide security, each request for recovery of each deposit, each decision, and each power of attorney;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant shall pay the client deposit money while serving as a certified judicial scrivener.