A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant has been engaged in the business of selling drinking water and selling proceeds as an agent of the Diplomatic Agency run by the victim B from September 2006 to April 7, 2015, which was operated by the victim B from September 201 to April 7, 2015.

From October 2014 to March 2015, the Defendant received the sales proceeds of drinking water from the above stores located in Gangwon-gun E several times from the business proprietor of the said stores, and kept in custody for the victim. The Defendant used KRW 479,500, out of the sales proceeds, for personal use from October 2014 to March 2015, the sum of KRW 17,524,492, out of the sales proceeds of drinking water collected at 20,00 in total, as indicated in the list of crimes, from around March 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on embezzlement;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment (such as three times before the same criminal records, and the fact that no agreement has been reached with the victim, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that damage of KRW 10 million has been recovered through insurance in which the defendant was admitted, confession and reflects, etc.);

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order;