A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from November 6, 2014, has been engaged in the sales of goods and the settlement of household sales in the above control point at the “D” control point operated by the victim C in Goyang-dong, Yongsan-gu, Yongsan-si, Busan, and has been engaged in the sales of goods and household sales.

On January 5, 2015, the Defendant: (a) around January 5, 2015, when a customer purchases breath or breath, etc. and approves in cash, he received KRW 49,500 from the customer by means of not being put on sales, and was in custody for the said victim; (b) around that time, the Defendant consumed the said victim for personal use, such as living expenses,

From around that time to June 24, 2016, the Defendant consumed total of KRW 9,420,000 by the same method over 64 times in the same place as indicated in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. 112 Application of Acts and subordinate statutes concerning reported matters;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Embezzlement and breach of trust, and Type 1 (less than KRW 100 million);

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, April to April; and

3. Determination of sentence: Imprisonment with prison labor for a period of four months, suspension of execution for a period of one year (limited to reasonable circumstances), the fact that there is no past record of criminal punishment in the Republic of Korea, and the repayment of two million won out of the amount of damage (unfair circumstances) continues to commit a crime for a long period of time, and unpaid agreements;