A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On March 3, 2017, the defendant, together with the victim B, operated a marina shop with the trade name of "D" on the lease of "C 403 and 404 of the member-gu, Ansan-si.

On May 4, 2017, the Defendant embezzled the lease deposit amounting to KRW 20 million and KRW 23050,000,000,000,000,000,000,000 won and KRW 233,000,000,000, in custody, of the company's lease contract for the above marina-type shop, when the lessee under the contract for the above marina-type shop was under the exclusive name of the Defendant, at the office of the above marina-type shop, and received from E at the office of the above marina-type shop, and embezzled it by using it as a personal debt of the Defendant at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Recording recording recording and reporting;

1. D Operational bankbooks, the suspect's transaction details (F disposition cost deposit details), and the suspect's transaction details of passbooks (D disposition cost deposit details) applying statutes;

1. The relevant Article of the Criminal Act and the reasons for sentencing of Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment);

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the category 1 (less than KRW 100 million) [the scope of the recommended punishment] (the scope of the recommended punishment), the basic area of the punishment, the imprisonment of not less than four months, but not more than one year and four months

2. The Defendant rendered a sentence of sentence: (a) even though the distribution of profits and losses was not settled, the Defendant disposed of the property of the same business; and (b) arbitrarily consumed the amount.

In such cases, regardless of the equity ratio, the responsibility for the crime of embezzlement is imposed on the whole amount embezzled, and the amount of embezzlement is not so much.

Even after a considerable time has elapsed since the instant crime, the damage was not recovered.

However, the defendant is against his or her will to recognize his or her mistake.

A defendant shall not have any history of criminal punishment, except for a fine, once.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, and motive and consequence of the crime.