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

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

Punishment of the crime

From December 2013 to June 4, 2016, the Defendant instituted a public prosecution by specifying the victim C, which is located in Busan High-ro B, as F. However, according to the evidence duly admitted by this court, the Defendant and F was joint representatives of C, and the funds managed by the Defendant were stored in C’s passbook. Thus, in light of the contents and process of the public trial in this case, it is determined that the Defendant does not interfere with the Defendant’s exercise of the Defendant’s right to defense. Thus, the Defendant changed the victim to C without any amendment of indictment.

While engaging in the business of managing funds in the name of the defendant, while keeping the operation funds of the victim C in the Busan Bank account (Account Number D), the bank account in the name of the defendant (Account Number E) and the national bank account (Account Number G) in the name of the defendant was embezzled for personal purposes, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to accusations, details of account transactions (Inquiry into details of transactions) and daily reports;

1. Relevant provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Considering the reason for sentencing under Article 62(1) of the Criminal Act (i.e., recognition of and reflects on criminal conduct), the joint representative director of the victim company wishing to punish the defendant up to this court, it is necessary to strictly punish the defendant.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any record of crime other than a fine once due to the violation of the Labor Standards Act, and the age, character, conduct and environment of the defendant, motive, means and result of the crime.