A defendant shall be punished by imprisonment for six 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

From April 23, 2006, the defendant has been engaged in the duties such as receipt of the above dental accounting and medical expenses from the Dental department operated by the victim C, which is operated by the victim C, as the chief of office.

On January 13, 2014, the Defendant received KRW 1,00,000 from a patient with no name-based illness in cash, and kept in custody for the victim on his/her business, paid the same amount with a credit card of the Defendant, but revoked the said settlement, and then consumed the amount for personal purposes, such as repayment of debt, living expenses, etc. at that time.

From around that time to August 17, 2018, the Defendant received a total of KRW 101 times in cash, as shown in the annexed Table of Crimes, and consumed the total of KRW 72,769,300 for medical expenses kept in business for the victim.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and C;

1. A complaint;

1. A detailed statement of settlement of values and cards;

1. Specific description of the amount of embezzlement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (with regard to the occupational embezzlement and universality) and the choice of imprisonment with labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court (decision of type) shall be limited to the scope of the recommended punishment according to the sentencing guidelines for the embezzlement and breach of trust [type 1]. The mitigated factors of less than KRW 100 million (specially punished persons]. Where the mitigated factors of punishment are not or significant damage has been recovered (the scope of the recommended area and the scope of the recommended punishment), the mitigated area of imprisonment with labor for one month

3. In light of the fact that the Defendant, who was sentenced to the sentence, voluntarily uses the money kept for the victim several times during a long period of time in a fiduciary relationship with the victim, and that the amount embezzled exceeds 70 million won in total, the criminal liability is not minor, but the Defendant.