A defendant shall be punished by imprisonment for two years.

Punishment of the crime

From around 2007, the Defendant was engaged in the business of selling paints and selling proceeds as an employee of the “E,” who is a distributor of the victim D's operation of Pyeongtaek-si.

Since January 2012, when the Defendant was unable to cope with obligations, such as card payments and bonds, the Defendant received the sales proceeds from multiple traders from the Defendant’s account (Account Number: F and G) and concealed transaction specifications and tax invoices related to the fact of transactions, and had the intention to arbitrarily consume the sales proceeds received in terms of debt repayment, living expenses, etc.

On September 19, 2014, the Defendant received KRW 3,151,500 from the “J” operated by Pyeongtaek-si H to the Defendant’s account in the name of the Defendant and used KRW 3,151,500 for personal purposes, such as living expenses, etc., around that time.

The Defendant, in addition to this, from January 2, 2012 to December 10, 2014, spent KRW 266,130,850 in total of the sales proceeds of paints kept in business for the victim, by making a sum of 275 times at Pyeongtaek-si Roster through the same method as indicated in the attached list of crimes.

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. The police statement of K;

1. Copy of the passbook, certificate of transfer, and certificate of transaction partner;

1. President of each branch office;

1. Detailed statements of each transaction, each tax invoice;

1. A detailed statement of account transactions (agricultural Cooperatives G, Nonghyup BankF);

1. Application of Acts and subordinate statutes to a criminal investigation report (additional amount of damage);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Where the aggravated area (two to five years) (two to five years) of applying the sentencing criteria [the scope of recommending a person] Type 2 (the amount between KRW 100,00 and KRW 500) causes serious damage to the victim;

2. Determination of sentence;