A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, who had been working in the Victim B B from March 18, 2015 to July 20, 2018, has been engaged in the sales and collection of alcoholic beverages of the said company.

around July 2017, the Defendant spent 28,495,600 won in total over 12 times from that time to July 2018, 2018 in “E” restaurant located in “E” as alcoholic beverage price, and consumed it for personal purposes while carrying out business for the said company.

Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the suspect's statement, details of damage, and written confirmation;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the instant records and the trial process.

- It is not good that the defendant, who was an employee of the victim company, has embezzled the amount of money repeatedly collected over a long period of time.

- The defendant is led to confession and has no power of the same kind.

- The defendant is a victim.