A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant worked as an employee from February 2, 2007 to June 2007 and from February 2, 2010 to April 2014 in the “D” operated by the victim C in Gangnam-gu Seoul Metropolitan Government, and engaged in gas delivery and collection of money.

On October 1, 2010, the Defendant stated in the indictment that “F” located in Seongdong-gu Seoul, the business partner of the above D, stated KRW 442,00 as “The total amount of the attempted gas supply amount of KRW 1,175,000 in the “H market” located in Dongdaemun-gu, Seoul, the business partner of the above D around March 23, 2009,” but the Defendant appears to be a clerical error and did not seem to have any substantial disadvantage to the Defendant’s exercise of his right to defense even if it was corrected without any amendment to the indictment. Accordingly, the Defendant’s indictment shall be corrected ex officio.

When receiving money and being kept for the victim, it was embezzled by using it for the personal purpose of the defendant, such as living expenses, in a daily center in Seoul Metropolitan City around that time.

In addition, the Defendant embezzled total of KRW 33,377,030 by using the same method 77 times in mind, as indicated in the list of offenses, from January 2008 to April 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to each letter, a person’s statement, a statement of adjustment, a statement of wages, a sales daily newspaper by article, and a benefit ledger;

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (including the occupation and use of occupational embezzlement) concerning the crime, the reasons for sentencing selection of imprisonment with prison labor;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The basic area (four months to one year and four months) of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria (the scope of the recommended punishment is less than 100 million won).

3. A favorable circumstance is that the defendant has no particular criminal history for the decision of sentencing.

However, the amount of the embezzlement of this case is not certain.