A defendant shall be punished by imprisonment for six 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 September 2007 to May 18, 2014, the Defendant: (a) performed the work as an employee from the ice and the distributor of the “E” operated by the victim D under the Seocho-gu Seoul Metropolitan Government C Building; (b) supplied ice and ice to the Customer; and (c) deposited the ice and ice into the Company.

The Defendant, from December 1, 2008 to December 31, 2008, collected KRW 7,852,000 from the business partners of the above company located in Seoul House from around December 1, 2008, and kept in custody for the victim. Around that time, the Defendant deposited KRW 1,151,000 in the company and used the remainder KRW 6,701,00 in his own personal living expenses, etc.

In addition, from December 1, 2008 to April 30, 2014, the Defendant collected a total of KRW 479,503,000 from customers of the above company over a total of 22 occasions, such as the list of crimes, and deposited KRW 378,037,000 in the course of business for the victim, and used the remainder of KRW 101,436,00 in the personal expenses of the Defendant at will.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Each police suspect interrogation protocol regarding D;

1. A written agreement and a letter of agreement;

1. A written confirmation of balance of each credit account receivable, a written statement of payment of outstanding amount, a loan certificate, a notarized deed, and a complete statement;

1. Results of each sales month, details of fees, reports on sales days, and reports on customers;

1. Application of Acts and subordinate statutes for evidential documents;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Article 62(1) of the Act on the Suspension of Execution in the case where the risk of special mitigation (three to two years) (special mitigation) has not been substantially realized, and where the risk of damages has not been substantially realized, the decision of the sentence not to be imposed, or a case where significant damage has been recovered (the