A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant, from May 2, 2001 to February 29, 201, worked as a business member of the Victim D Co., Ltd. D in Tong Young-si from May 2, 2001, and was engaged in the business of selling ready-mixeds and selling ready-mixeds.

On April 11, 2008, the Defendant, while receiving KRW 4 million from Hando Co., Ltd. to the Agricultural Cooperative account in the name of the Defendant and keeping the money in custody, he/she voluntarily consumed KRW 120,827,250, a sum of 34 times from the above date to January 20, 2012, and embezzled it, while receiving KRW 120,827,250 from the above date and time to January 20, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of the details of savings deposit transactions (A) Acts and subordinate statutes;

1. According to the relevant legal provisions on criminal facts and Articles 365 and 355(1) of the Criminal Act’s sentencing guidelines, the sentencing guidelines for sentencing of the defendant are recommended for one or three years of imprisonment for the defendant (hereinafter “the type of embezzlement of not less than KRW 100 million or less than KRW 500 million,” and recommendation on the basic area as there is no special penalty. However, the defendant paid approximately KRW 30% out of the amount of damage in this case’s retirement allowance, the defendant reflects the defendant, and the defendant has no criminal power in addition to fines on around 197, the sentence that is lower than that recommended in the sentencing guidelines shall be determined by comprehensively taking into account all the sentencing factors such as the defendant’s age, family relation, etc.