A defendant shall be punished by imprisonment for four months.

Criminal facts

From January 7, 2019 to June 21, 2019, the Defendant has been engaged in the purchase of clothes and clothing from the D Seog datum, including the store, and the Korean branch's cash sales revenue and clothing.

Around February 28, 2019, the Defendant collected KRW 1,008,00,000 from Ndozer E to February 2, 2019, and was in custody for the victim C. At that time, the Defendant spent KRW 15,602,150 in total, including the cash sales, etc., kept for the victims for business 14 times from that time to April 30, 2019.

Accordingly, the defendant embezzleds the property of the victims who had been in custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Evidential materials attached to a complaint;

1. Application of Acts and subordinate statutes concerning hearing statements, such as D Staff E and G;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 356 and 355 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Application of the sentencing criteria [decision of types] Embezzlement and Misappropriation: There is no type (less than KRW 100 million) (special person) (the area of recommendation and the scope of recommendation] (the scope of recommendation), basic area; and one month to ten months.

3. Determination of sentence: Imprisonment with prison labor for a defendant is inevitable in light of the fact that the scale of damage for April is small and the damage has not been restored, and that the defendant has the same electric power;

In addition, the punishment shall be determined by taking into consideration all the sentencing conditions, such as the defendant's age, sex, and environment, relationship between the defendant and the victim, motive and means of the crime, and circumstances after the crime, and the defendant shall be given an opportunity to recover from damage and to agree.