A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

From February 19, 2017 to January 19, 2018, the Defendant has been working as an employee in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul and the first floor, and has been engaged in the affairs such as selling, delivering, and selling of the damaged party's meat.

On August 12, 2017, the Defendant received KRW 208,500 from the representative E of “D”, a business partner managed by the Defendant, to the F bank account (G) in the name of the Defendant, and was in custody for the victim. At that time, the Defendant used the money for Internet illegal gambling in Seoul Metropolitan City.

From that time until January 12, 2018, the Defendant used the total amount of KRW 19,98,500,000, which was collected from the business partners, for the victim, from around 18 times, as shown in the List of Crimes in the attached Table, for the Internet illegal gambling funds.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The trading ledger;

1. A criminal investigation report (examination of a detailed statement of transactions with a suspect bank), a criminal investigation report (information on accounts submitted by a suspect);

1. Application of Acts and subordinate statutes to a statement of transactions with the FF bank;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the type of decision] / group of embezzlement crimes, group of types 1 (less than KRW 100 million) / [person subject to special sentencing] / None of the factors subject to aggravated punishment] : None of the factors subject to aggravated punishment (a person subject to aggravated punishment] : Reduction factors in the case of embezzlement crime: Serious reflectness and no record of criminal punishment [the scope of recommended punishment]: Imprisonment with prison labor for up to April 1st and April;

2. Determination of sentence (unfavorable circumstances) The defendant is serving as an employee of the victimized company for a period of approximately five months;