The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 1, 2016, the Defendant established the “D” located in Bupyeong-si C and five stories, along with the victim B, and operated it as a partnership with the victim from that time to August 2017. The victim has been engaged in the business of managing funds, managing and operating the business, and collecting goods from the customer.

On November 14, 2016, the Defendant: (a) transferred KRW 935,00 from “E”, the business partner of the said company, to the Defendant’s spouse, and was in the custody of the victim for business purposes; (b) around that time, the Defendant consumed the amount of KRW 935,00 for personal use, such as living expenses, according to the mind of the Defendant.

In addition, the Defendant, from October 25, 2016 to August 14, 2017, consumed 48,321,056 won in total for personal use, such as living expenses, while receiving money from customers in the same way as indicated in the attached crime list, and keeping the money for goods from customers over a total of 20 occasions, and embezzled the money for the victim’s property under business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (in part, once and twice);

1. The police statement concerning B;

1. Director of the Customer;

1. Deposits and withdrawals shall be made;

1. Application of Acts and subordinate statutes on account details to one bank (F);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the accused among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations on the sentencing criteria [decision of types] the basic area [the scope of recommendations] 4 months to 1 year and 4 months; and

2. Determination of sentence: Imprisonment with prison labor for six months, the details and methods of embezzlement for two years under the suspension of execution, the scale of embezzlement and other losses inflicted on the victim, and the records of punishment exceeding a fine or of the same kind of crime;