A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

Punishment of the crime

From April 2016, the Defendant resided in the “D farm”, a swine breeding business entity operated by the victim C in the Chungcheongnam-gun of Chungcheongnam-do, and worked as the team leader in charge of raising and shipping pigs, and the farm management, and had the amount of 1,500 pigs from the victim’s possession of the said farm kept on duty for the victim.

At around 04:00 on March 5, 2019, the Defendant arbitrarily shipped 5,304,780 won of pigs from among pigs managed by the Defendant and sold 29 horses to E in order to raise money for gambling.

In addition, from that to July 3, 2019, the Defendant embezzled 295 horses owned by the victim and embezzled 71,743,588 won in total at the market price over 10 times as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects;

1. C Complaints;

1. Each police statement made to F, G, H, E, and I;

1. Application of the Acts and subordinate statutes to each investigation report (fat-recordings, livestock product quality Evaluation Institute, site closure photographs, and G payments);

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. The grounds for suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the details and nature of each of the crimes in this case; (b) the period of the crime; (c) the degree of damage to the victim and the degree of recovery therefrom; and (d) the circumstances after

D. Unfavorable circumstances: (a) the circumstances in which the Defendant embezzled 10 times more than 71,743,58 won in total in order to raise money for gambling, but the Defendant did not actually recover from damage: there is no record of punishment exceeding the fine imposed by the Defendant; and (b) September 11, 2019, when the Defendant and the victim work at the D farm for the next 5 months, the amount of KRW 2 million out of the monthly salary of KRW 3 million received by the Defendant between the Defendant and the victim is paid to the victim, the victim’s actual damage amount of KRW 109,20,000 is paid to the victim.