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

Punishment of the crime

The Defendant is a person who was engaged in the business of purchasing and selling active fish and collecting and managing active fish prices from August 1, 2010 to June 20, 2012 in the “E”, which is the active fish distributor of the victim D operation in Tong Young-si.

From August 27, 201 to October 7, 2011, the Defendant collected KRW 3,624,00,000 from G frequency located in macro-si F, and stored for the victim, and entered only KRW 3,451,00 in the above E book, and arbitrarily consumed the remainder of KRW 173,000 at the common place around that time.

In addition, from April 29, 201 to June 6, 2012, the Defendant arbitrarily consumed KRW 57,079,500, in total, 323 times between the transaction partners kept in custody for the victim, as described in the list of crimes in the attached Table, or in total, KRW 57,079,50,00 in the attached sheet.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of the accused (including D's statement);

1. A copy of an investigation report (referring to a report following the submission of additional data by a complainant) and of the books of account I purchased or sold;

1. Application of Acts and subordinate statutes to specifications of transactions, E-day books prepared by suspects, and transaction papers 1 through 9;

1. Relevant statutory provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act’s reasons for sentencing [the scope of recommending punishment] [the scope of punishment] Type 1 (4 months to one year and four months] (no special person] [the decision of sentencing] [the amount embezzled over a one-year period is relatively larger than 57 million won, and the defendant still has not yet recovered from damage to the victim, etc., it is inevitable to pronounce strict punishment due to the unfavorable circumstances to the defendant.

On the other hand, the defendant reflects his mistake, and deposited 12.5 million won for the victim, and his wife and children who are disabled.