A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From March 2010, the Defendant, as a driver of the “E” operated by the victim D in Ansan-si, a member-si, Ansan-si, has been engaged in the business of supplying rice and receiving money from customers.

On January 7, 2012, the Defendant arbitrarily used approximately 39,29,500 won for the supply of rice from around 31 business partners, as described in the attached list of crimes, in the G cafeteria located in Ansan-si F, which supplied the said E rice, and collected KRW 274,00 with the rice supply price, and used it in mind at a place where the location cannot be known at that time while carrying out business for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement of H;

1. Application of Acts and subordinate statutes, such as a business registration certificate, each investigation report (No. 11, 12, 14), inquiry report of requested details of transactions, book copies, etc.;

1. The applicable legal provisions on criminal facts and the unfavorable circumstances for sentencing under Articles 356 and 355(1) of the Criminal Act of the choice of punishment: The punishment conditions under Article 51 of the Criminal Act are all taken into account, such as the following: (a) the Defendant has repeatedly committed a crime for not less than one year by taking advantage of trust relationship with the Defendant’s career for a period of not less than two years; (b) the injury has not been recovered even if the amount of damage was not significant; and (c) the possibility of recovery from damage is not high: (a) the Defendant’s mistake is against the Defendant; (d) the Defendant has no criminal record for the same kind of crime and has no criminal record other than once