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

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

Punishment of the crime

The Defendant is a person who engages in retail business in Guro-gu Seoul Metropolitan Government B market, and was in charge of managing the merchant membership fees, operating expenses, reserve funds for the exchange of merchandise coupons, time deposits, etc. as the general secretary of the “B Market Merchant Association” of the damaged person from September 2017 to September 2019.

On February 2014, the Defendant: (a) received diagnosis and treatment of c’s spouse as dyna cancer (C’s death on February 20, 2020); (b) received treatment by dynasium, etc. (D’s death on September 5, 2017); and (c) received treatment by dynasium, etc. (D’s death on September 5, 2017); and (d) received treatment by crynasium, etc.; and (b) received treatment from dynasium; and (c) received treatment by crynasium;

On September 3, 2017, the Defendant embezzled KRW 500,000,00 for personal use, such as card costs, from the above account around the 18th day of the same month, while keeping KRW 18,534,200 for operating expenses of the merchants' association in the accounts in the name of the injured merchants' association in the above B B market. From around that time to September 2019, the Defendant embezzled KRW 74,328,280 in total as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement statement made by the police with respect to F, G, E, and H (the list Nos. 9 through 11 of evidence);

1. A detailed statement of disbursement of the receipt and the certificate of payment of membership fees for B market merchants;

1. Application of Acts and subordinate statutes to each investigation report (the No. 29,38 of the evidence list);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The amount of embezzlement on the grounds of sentencing under Article 62(1) of the Criminal Act does not exceed KRW 74 million and substantial damage recovery has not been performed.

However, it is favorable for the defendant to use the amount embezzled by the defendant as the spouse, the hospital expenses of his/her father, etc.