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

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

Punishment of the crime

In April 2015, the Defendant was in a relationship with the Defendant with the victim C at the Seoul Asan Hospital located in 43-lane 88, Songpa-gu Seoul Olympic Games, at the request of the victim C to pay the principal and interest of the principal and interest of the debt that the husband of the victim incurred by the reduction, and at the request of the victim C, he/she was in a relationship with the Defendant on September 8, 2015, and September 5, 2015.

D was issued in the new bank account (E) in the name of the bank.

While the defendant kept the above money received for the victim, he arbitrarily used it to D for debt repayment or other living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to inquire about the details of his/her financial transactions and transactions;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the category 1 (less than KRW 100 million) (the person subject to special sentencing] of the crime of embezzlement and the category 1 (the amount less than KRW 100 million) (the scope of the recommended punishment) and the case where considerable damage has been restored (the scope of the recommended punishment] from January - October 1;

2. The defendant shall be punished by imprisonment with prison labor, considering the fact that the defendant has the same criminal history and the amount of embezzlement has not been recorded as 35 million won and has not been recovered from damage for a considerable period of time;

However, according to the agreement with the victim, the damaged person is not subject to the punishment of the defendant, there is no particular criminal history for the last ten years, the defendant's wrong recognition and reflects, and other various sentencing conditions such as the age, sex, environment, etc. of the defendant shall be determined like the order.

The acquittal portion

1. On April 2015, the primary charges charged by the Defendant are that, at the Seoul ASEAN Hospital located in 43-h, 88, the Songpa-gu Seoul Olympic Games, “Before making a pre-paid bond” from the victim C.