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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From February 5, 2015 to May 22, 2017, the Defendant served as the head of the business of the victim agricultural company (owner) E, which is operated by D located in Bupyeong-gu Incheon Metropolitan City, and was engaged in the sale of rice, kimchi, and the collection of gold.

On November 12, 2015, the Defendant voluntarily consumed the amount of KRW 720,00 from G, a business partner of the victim company in the Nam-gu Incheon Metropolitan City, Seoul, for personal purposes, such as Internet gambling funds and repayment of debts, etc. around that time while keeping the amount of KRW 720,00 from G, a business partner of the victim company in the Nam-gu, Incheon.

In addition, the Defendant, from February 12, 2015 to May 16, 2017, embezzled the total amount of KRW 43,942,400 for personal use, such as Internet gambling funds and debt repayment, which was voluntarily consumed by 14 business parties of the victim, over a total of 71 occasions, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each letter of payment (a copy), an embezzlement list, the president of the G Sales Office, the president of the H Sales Office, the president of the J Sales Office, the president of the K Sales Office, the president of the K Sales Office, and the laws and regulations of the L Sales Office.

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act with respect to the selection of punishment for the crime, comprehensively, selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] Article 62-2 of the Criminal Act / [the scope of punishment] Article 62-1 of the basic area (4 to 100 million won) / [no person subject to special sentencing] / [decision of sentencing] 6 months of imprisonment, suspension of execution 2 years and 2 years and 2 years of suspended execution / embezzlement of approximately KRW 43 million, and the nature of the crime is not good in light of the period and scale of the crime, and the motive for the crime.

The injured person wanted to punish the defendant.

However, the defendant's mistake is recognized.

As the victim company continues to work in the victim company, the amount of 17 million won was paid by deducting the benefits from the benefits.

(b)in the same case;