A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From August 20, 2007 to February 2, 2015, the Defendant entered into an entrustment contract with the victim C on the business place for the transportation of alternative cargo, and operated the Chill branch, the agent of the victim company, in Gangnam-si D, and engaged in the collection, delivery, and transportation of alternative cargo.

The defendant kept cash transport charges in custody from the customer for the victim, and as of the end of each month, the defendant paid the amount of money that the defendant should pay to the victim (such as cash transport charges) and the amount that the victim should pay to the victim by offsetting the amount that the victim should pay.

Nevertheless, the Defendant, at around July 2013, embezzled KRW 36,94,70, the sum of the cash transport charges collected from the customer during a month from July 2013 to July 2013, the Defendant offseted KRW 32,351,568, which the injured party should pay to the Defendant, and did not pay the remainder of KRW 4,643,132, and arbitrarily used the same amount as the operating expenses of the said place of business at that time, from that time until January 2015, as shown in the list of crimes, from that time, the Defendant arbitrarily embezzled KRW 27,247,795, which is the aggregate of the transport charges remaining after offsetting the cash transport charges collected from the customer seven times in total, as described in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a written settlement, and an entrustment contract for each place of business;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Materials Appellant), a confirmation of facts A, and a statement of accounts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (less than KRW 100 million). Basic area (4 months to one year).