A defendant shall be punished by imprisonment for six months.

except that 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

The defendant, along with the victim B, was in custody of the settlement fees and rents of convenience stores while operating C, D, E, F, G, H, I, etc., which are convenience stores.

On November 2014, the Defendant did not deposit KRW 10,400,000, which is to be deposited in the K head office in the “C” located in the J building in the G building at the time of Gyeonggi C, to the head office, and did not deposit the settlement fees of KRW 10,403,720 while being kept in the custody of the victim for the victim, and refused to return them even after being requested by the victim, and the Defendant did not deposit the settlement fees and rents of KRW 14,62,337 in total at eight times from the day of Gyeonggi Ethical Co., Ltd. to January 2015, and refused to return them at the request of the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes of a report on investigation, and the detailed statement of free deposit and trading of enterprises;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] Embezzlement Type 1 (100 million won) [Determination of the recommended field] Basic Field [Scope of Recommendation] ] 4 to 1 year [No history of criminal punishment exists in cases where mitigation elements are not occupational embezzlement and breach of trust ] - Application of statutory punishment in cases of embezzlement of aggravated elements [Scope of applicable punishment] : One to five months (decision of sentence] 6 months, suspension of execution 2 years;