A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 13, 2012, the Defendant received a request to transfer money from the victim B while boarding the fishing vessel from the victim B at the head of the Sacheon-dong, Busan, Seocheon-gu, Busan, the Defendant kept the benefit passbook (the bank account number: C) and the old parents in Seoul, the Defendant received a request to transfer money if money is urgently needed.

While the Defendant kept the above benefit passbook and cash card for the victim, around October 29, 2012, the Defendant embezzled the total sum of 33,100,000 won deposited in the victim’s account for 21 times from around that time to June 30, 2014, including the transfer of the Defendant and the Defendant’s husband’s her husband to the agricultural cooperative account in order to use for the purchase of goods at the store operated by the Defendant and the Defendant’s husband.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (attached to certificates of deposit transaction records);

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Consideration such as the reason for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Type 1 (100 million won) (Article 62 (1) of the Criminal Act), the mitigated area (Article 1-10 months) (Article 62) (Article 62 (1) of the Act on the Suspension of Execution] (Article 62 (1) of the Act on the Suspension of Execution); the agreement with the victim is reached; the defendant