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 became final and conclusive.

Punishment of the crime

From January 8, 2018 to August 21, 2018, the Defendant, in custody of KRW 83,00,000,000 from the victim B who had a relationship with the Defendant from around January 8, 2018, transferred to the Cbank account (Account Number:D) in the name of the Defendant’s bank account in the name of the Defendant. On January 8, 2018, the Defendant arbitrarily used KRW 5,00,500 to repay the Defendant’s personal debt and embezzled the Defendant’s property by using the Defendant’s personal debt at any time on six occasions as shown in the annexed crime list, from that time until October 8, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of a copy of a detailed statement of account for each account, details of account transactions, and record;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a situation unfavorable to the Defendant, where the Defendant arbitrarily used approximately KRW 43 million in personal debt repayment, etc. while having been kept in custody of KRW 83 million in the name of the purchase of a new marriage house at the time when the Defendant was in a relationship with the victim, and embezzled it. The crime is not good in terms of the nature of the crime, and the amount of damage is not considerable.

However, the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., shall be determined as ordered by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, the defendant has no criminal history, and the victim has been in a long-term relationship with the defendant.