A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 6, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for embezzlement, etc. at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the judgment became final and conclusive on November 14, 2014.

The defendant worked as the president of the D Infant Care Center in Gangnam-gu Seoul from around 1996, and on March 16, 2007, the defendant was designated as the victim E's guardian living in the above D Infant Care Center from the Seoul Family Court on March 16, 2007, and therefore there was a duty to manage the property and protect the personal property in accordance with the victim's welfare.

On July 11, 2007, the Defendant embezzled the above money by failing to notify the victim of the receipt of the insurance money itself, while the victim received KRW 90,00,000 from the (ju) Mtsts Fire Marine Insurance due to a traffic accident and kept it for business purposes. On November 16, 2008, the guardian’s status was terminated and returned the above insurance money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of E, F and G;

1. Adjudication on the appointment of a guardian;

1. Previous conviction: Application of the defendant's legal statement, text of judgment, inquiry, and reply statute;

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

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (less than 100 million won) in the basic area (from April to January 1) (no person who has been specially mitigated) in the basic area;

2. Circumstances disadvantageous to a sentence: A guardian, who was paid insurance money to a victim judged to suffer from a cerebral disability due to a traffic accident, while managing some of the two parts of the said frames, concealed the victim without notifying the victim of such payment, allowing the victim to considerably lose opportunities for rehabilitation treatment immediately after the accident, which is an medically important time, and take measures in an economically difficult state;

A favorable circumstances: KRW 120 million for the victim.