A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant was a driver of a dump truck C 25.5 tons owned by the Victim B from April 16, 2016 to May 17, 2016.

Around 08:30 on May 17, 2016, the aggrieved party intended to remit KRW 26,677,720 to the Nonghyup Bank account (D) in the name of the Defendant, and intended to transfer KRW 26,67,200,00,000,000,000 from around 10:30 to 16:15 on the same day. As such, the Defendant demanded to return KRW 24,00,000,000,000 from around that time, for the sake of the aggrieved party.

Nevertheless, the Defendant, from around that time to the following day, withdrawn KRW 12 million from the said Nonghyup Bank’s account; transferred KRW 12 million to another Nonghyup Bank account under the name of the Defendant to the said another Nonghyup Bank account; and then embezzled by refusing to return the said money, such as gambling at the casino in Gangwon-do without having contact with the victim from around May 18, 2016 without having contact with the victim from around May 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of deposit receipts and deposit transactions;

1. Application of the legislation of each letter of payment

1. The relevant Article of the Criminal Act and Article 355 (1) of the Criminal Act (Selection of Imprisonment with prison labor) concerning the reasons for sentencing;

1. Application of the sentencing guidelines [the type of determination] Embezzlement Embezzlement Offense, Type 1 (less than KRW 100 million) / None of the persons who are subject to special sentencing] (the scope of determination of the area of recommendation and the scope of the recommended sentence] basic area, April to April of imprisonment;

2. Circumstances unfavorable to the decision of sentence: The instant crime was withdrawn and used for gambling or travel expenses even though the Defendant received a request from the injured party for return of the money that was remitted by mistake; in light of the circumstances, the use of the embezzled money, etc., the Defendant’s criminal liability is grave; the Defendant committed the instant crime on May 16, 2014; the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution, and the judgment was rendered.