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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

After receiving a request from the victim C, the Defendant opened a dynamic securities account in the name of the Defendant, and had the said account use the said account. Using the fact that the said account was made in the name of the Defendant, the Defendant thought that he arbitrarily withdrawn the money owned by the victim that was deposited in the said account by re-issuance of the check card connected to the said account.

around 13:43 on July 29, 2016, at the point of Changwon-si, Sungwon-si, Sungwon-si, the Defendant: (a) obtained a re-issuance of physical cards connected to the above east-gu securities account in the name of the Defendant used by the victim; and (b) withdrawn KRW 30,000,000 in cash deposited in the said account from September 27, 2016 to April 13, 2017, the Defendant withdrawn KRW 33,641,530 on a total sum of 101 times from September 21, 2016 to April 13, 2017, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of each investigation report, copy of passbook, and account transaction;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (four months to one year and four months) of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) 1 type (the amount of less than 100 million won) ;

2. The decision-making of sentence is inferior, and no agreement has yet been reached with the victim;

However, there are no other criminal records, in addition to the punishment of a fine of KRW 200,00 as a result of the violation of the Road Traffic Act in 1995, the defendant recognized the crime of this case, against his mistake, deposited some amount for the victim, and continued repayment after his employment.