A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On November 26, 2014, the defendant requested a discount of bills from the victim C in the Yeongdeungpo-gu Seoul Metropolitan Government building, and the defendant as the payee, received an electronic bill of exchange amounting to 1.7 billion won and kept it for the victim.

On December 4, 2014, the Defendant embezzled, at the victim’s request, the amount equivalent to 1.5 billion won of the electronic bill to E; and on December 17, 2014, upon the victim’s request for return of the remaining amount of 200 million won of the electronic bill, the Defendant embezzled the electronic bill to be returned only to 100 million won of the electronic bill; and on December 17, 2014, by refusing to return the remaining amount of 100 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the statutes on each statement made by the defendant and C to the suspect interrogation protocol against the defendant

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [the scope of recommending punishment] [the grounds for the sentencing of Article 62 (1) of the suspended sentence] [type 2] 10 million won or more, and the basic area of less than 500 million won: there is no one year or three years [the person specially punished] [the decision of sentencing] / neither the amount of face value embezzlement nor the amount of embezzlement as well as the situation where the victim's company suffered considerable difficulty due to the defendant's refusal to return bills, it

However, considering the circumstances of the instant crime, such as: (a) the Defendant appears to have tried to return a bill equivalent to KRW 100 million as he/she is at risk of incurring the responsibility of the drawee of the bill by endorsement of the amount equivalent to KRW 1.5 billion among the bills issued by the Defendant; and (b) the Defendant subsequently returned the bill in its entirety; and (c) taking into account all the conditions of the pleadings, including the Defendant’s age, character and conduct, criminal records, and the circumstances after the commission of the crime, the Defendant’s punishment is considered.