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

Punishment of the crime

From February 4, 2014 to December 7, 2018, the Defendant, as the director of the victim D Co., Ltd. in Yongsan-gu Seoul Metropolitan Government B building C, was engaged in business of managing customers, supplying goods, and collecting money.

On March 27, 2014, the Defendant used 44,256,580 won in total over 163 times, as indicated in the attached crime list, from around December 27, 2018, when the Defendant was engaged in the business of making a deposit of KRW 20,000 from E, a customer of the victim, to a corporate account under the name of the victim, instead of receiving it from the victim’s personal account, and was in custody for the victim. Around that time, the Defendant spent the amount of KRW 20,00 for entertainment expenses, living expenses, etc. from Japan within Seoul City.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning F statements in each police suspect interrogation protocol (2, 3, 3, 4) against the defendant

1. The police statement concerning F;

1. A report on investigation (determination of amount damaged by the list of crimes as property);

1. Notification of data on current status of financial transactions, details of account transactions, reply to a request for provision of financial transaction information, and the application of statutes on money borrowed contracts;

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. The amount of damage caused by the crime as stated in the judgment of sentencing is not so small, and the nature of the crime is not good because the law of the crime has interview or interview.

The defendant was unable to receive any suspicion from the victim.

However, the defendant appears to have an attitude against the defendant while making a confession of crime, some of the amount of damage seems to have been restored, and the same criminal punishment record is the same.