A defendant shall be punished by imprisonment for not more than ten months.

However, 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

From December 22, 2014 to November 19, 2016, the Defendant has been engaged in the business of strike receipt (service of performing the business of withdrawing money on behalf of the union members who do not visit a bank), public charges receipt, customer installment savings, and paying-in, etc. while serving as contractual staff in C Cooperatives located in B from Sinpo City from December 22, 2014 to November 2016.

On June 1, 2016, the Defendant received a request from the victim D, who is a member of the Association, to enter and withdraw money, and received a passbook, seal, and kept in the said victim’s name for the said victim’s business. On the same day, the Defendant withdrawn 6 million won from the cash withdrawal machine near the said Association and consumed it for personal purposes, such as Internet gambling funds.

From around that time to June 23, 2016, the Defendant, along with the Defendant, withdrawn a total of KRW 40,310,000 from the victim’s deposits through the same method 17 times in the annexed crime list, and consumed it in mind.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E police statement;

1. A complaint, written confirmation, written answer, and receipt and disbursement statement;

1. Application of Acts and subordinate statutes of the President of the Korea Institute of Investigative Report (Attachment to the President of the Korea Institute);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (including the occupation of occupational embezzlement and the identity of each victim) and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime by taking advantage of the opportunity for the employees of financial institutions to perform their duties in order to repay obligations arising from gambling. In light of the motive and method of the crime, the nature of the Defendant is not good.

However, the fact that the defendant has no record of criminal punishment other than the fine imposed once due to the violation of the Road Traffic Act, confession and reflects, and the amount of damage has been fully repaid.