A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant, as a member of the D’s business operated by the victim C in Tong-si B from March 201 to October 2016, was engaged in sales and collection of sa, etc.

On April 201, the Defendant voluntarily consumed the amount of KRW 134,00,00 that was collected from F in Tong-si E as the price for the supply of goods on behalf of the victim, and around that time, the Defendant had been in custody for the victim.

In addition, from the above day to September 2016, the Defendant repaid 67,749,860 won, which was the sum of 67,749,860 won collected from 13 companies, the customer of the victim, as shown in attached Table (1) to 13 companies, such as the previous list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (includingC statements);

1. Statement protocol by the police against C;

1. A complaint, an explanatory note, and a letter;

1. Certificates of details by member trading account, each written confirmation (G, F, H, I, J, K, L, M, M,O, P, Q, and R), each transaction status, each deposit status, and the application of laws and regulations of the Director of the Sales Office;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act for the choice of criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The basic area (four months to one year and four months) of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria (the scope of the recommended punishment is less than 100 million won).

3. Determination of sentence: (a) the Defendant committed an act of embezzlement for a long time in violation of the trust relationship with the victim; (b) the amount of embezzlement is considerable; and (c) the damage has not yet been recovered until now; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime; and (c) sentencing guidelines set by the Supreme Court sentencing committee.