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

Punishment of the crime

From October 13, 2008 to October 6, 2012, the Defendant is a person who has been engaged in the business of delivering alcoholic beverages to customers and collecting the price from a limited liability company E operated by the victim D, which is located in Gyeonggi City, to customers.

Around January 5, 2011, the Defendant embezzled the victim’s property by using an amount equivalent to KRW 78,602,00 collected from 516 business customers for personal purposes, such as liquor payments, container deposits, and official disease deposits, and arbitrarily using the Defendant’s living expenses, etc. for the said E, as described in the separate list of crimes, from around that time to October 4, 2012, an amount equivalent to KRW 78,602,00 collected from 42 business customers for personal purposes, as described in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. D's written statement;

1. Complaint;

1. Application of Acts and subordinate statutes concerning the embezzlement of claims against customers A, a copy of a statement of agreement, a statement of agreement, a list of crimes, and the details of embezzlement by customer;

1. In light of the relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment; the reason for sentencing a sentence of imprisonment with prison labor; the period for the crime of occupational embezzlement of this case is long; the amount of embezzlement is a large amount; the quality of the crime is not good; the defendant was unable to fully pay damages except for deposits of KRW 2 million for the victim; and the victim wanted to punish the defendant, a sentence of imprisonment with prison labor is inevitable for the defendant.

In addition, the fact that the defendant caused the crime of this case due to financial difficulties in the concurrent imposition of the wife, etc., the defendant's age, character, conduct and environment, motive and background of the crime, means and consequence of the crime, and circumstances before and after the crime, etc. shall be determined as per the order.