A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant, from January 2017 to August 20, 2018, has been engaged in the design and collection business of the victim C Co., Ltd. as the head of the victim C Co., Ltd. in South Korea.

On September 21, 2017, the Defendant used KRW 4,200,000 out of KRW 4,200,000 for personal purposes, such as living expenses, when he/she was transferred from the owner D to the National Bank Account (Account Number: E) under the name of the Defendant, and was in custody for the victim company. The Defendant used KRW 1,70,000 out of the said KRW 4,20,000 for personal purposes.

From around that time to August 16, 2018, the Defendant collected 42,930,000 won in total from 16 times as shown in the attached list of crimes, and consumed 42,930,000 won in total for construction works kept on behalf of the victim company.

As a result, the defendant embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports on the details of accounts of national bank A, including each water supply contract, etc., remittance certificate, deposit certificate, cashier's checks, and the details of accounts of national bank A (verification of partial use of the amount of damage, etc.);

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: The amount of damage inflicted on a victim by the instant crime reaches 42,930,000 won in total, and the said damage has not been recovered until now;

Around January 2019, the Defendant would pay damages to the victim from the time when the police investigation was conducted due to the instant crime, and the Defendant requested the postponement of the date of payment, but the damages to this day.