A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person entrusted by the victim B with the sale of stuffed fertilizer from April 2012 to April 2015.

On April 19, 2015, the Defendant received KRW 55,458,100 from the victim company to April 20, 2015, and sold 7,811 pools among the 14,860 pools to E and sold them to many unspecified farmers, and arbitrarily used them for personal debt and living expenses, etc., which were kept under custody from November 19, 2014 to April 20, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Application of Acts and subordinate statutes to file a complaint, detailed statement of transactions, quantity and quantity of products B of a stock company, certificates of seal imprint, certificates of all registered matters, copies of bankbooks, details of taxation for purchase, and reports on investigation (in case of complaint telephone investigation);

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

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type] of embezzlement and breach of trust [the type 1] below the amount of 100 million won [the person subject to special sentencing] below the amount of mitigation of punishment or significant damage therefrom: The area subject to mitigation of punishment [the scope of the recommended punishment and the recommended punishment], and one month through October.

3. As to the instant crime, the Defendant’s arbitrary use of approximately KRW 55 million for repayment of personal debt and living expenses, etc., and the crime committed in this case is unfavorable to the Defendant that the nature of the crime is not good in light of the background of the crime and the amount of embezzlement.

However, the fact that the defendant recognizes the crime of this case and reflects it, that the defendant agreed with the victim smoothly, and that the defendant is the first offender who has no record of criminal punishment is favorable to the defendant.