A defendant shall be punished by imprisonment for one year.

Punishment of the crime

From October 2010, the Defendant, as the head of the second factory of the Victim D (Representative E) in Masung-si, has been engaged in the business of the said company and the business of the said company, as the head of the second factory in Masung-si.

On August 23, 2011, the Defendant collected KRW 12,471,240,000 from G companies located in Ssung F to the company bank account in the name of H in the Defendant’s occupational custody for the victim, and used the Defendant’s sports earth and sand for the sake of the victim. From that time, the Defendant collected KRW 12,471,240 for a total amount of KRW 31 times until November 29, 2013, as shown in the list of crimes in the attached Table, and consumed it voluntarily due to sports earth and sand gambling funds and living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the I;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing guidelines [type determination] : Embezzlement Embezzlement Misappropriation Offense; Misappropriation Offense Misappropriation ; Type 2 (at least KRW 100 million, below KRW 500 million) / None of [the recommended territory and recommended sentence] / [the final sentence scope according to the multiple criminal processing guidelines] - 8 months of imprisonment - 3 years of imprisonment (the number of types is higher at one level, reduction of 1/3 of the lowest sentence range)

2. Determination of sentence: Imprisonment with prison labor for a year, the defendant acknowledges and reflects the fact of crime; and

In addition, the circumstances in which one victim seems to have the intention to repay and submits a written application for the prior action are recognized.

On the other hand, money exceeding KRW 100 million was embezzled for a long time while taking charge of the business of collecting money from victims.

In addition, in that the actual damage was not recovered, the responsibility can not be strictly imposed.

In addition, the above circumstances and the defendant's age, sex, environment, family relationship, and crime.