A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 14, 2013, around 12:00, the Defendant requested the victim C to exchange in cash the balance of KRW 6,140,000 with a national bank account under the name of another person and exchange the cash amount of KRW 560,000.

However, the victim paid 50,000 won to the defendant with 50,000 won (20), 22, 10,000 won (100 won) and paid 51,000 won to the defendant more.

After that, the Defendant had been required several times from the above victim to return the cash erroneously paid, but arbitrarily embezzled without returning it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, and C;

1. Police investigation report (50 copies, 100 photographs);

1. Application of the Acts and subordinate statutes on photographs, deposits without passbook, and copies of checks;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Determination of Punishment] - Where the degree of violation of duties is minor (determination of the recommended area] / Where the degree of violation of duties is minor, the mitigated area / [the scope of the recommendation area] from January to October [the scope of the punishment] / where the mitigation element is not occupational embezzlement or breach of trust / serious reflectd element - Where the crime is committed [the scope of punishment] from January to five years [the scope of punishment] - Where the crime is committed by embezzlement / Where the degree of violation of duties is minor / where the degree of violation of duties is considerably small (whether suspended sentence is suspended of execution of sentence] - Where the degree of violation of duties is considerably small (where the degree of violation of duties is minor, less than 20 million won): The positive reasons for general reference: Imprisonment with prison labor / [decision of the sentence] 4 months, and the suspension of execution of execution of one year that the defendant did not punish the victim for recovery of damage and damage, etc.

However, the defendant pays 5 million won in cash by mistake of the victim.