A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On November 2011, 2010, the Defendant: (a) as a broker of a contract to sell a pet uniform administered by the victim E in the F Full-Time Ba, Jindo-gun, Jindo-gun, to G, a boom farmer; (b) received the payment for the sale of the pet uniform from G, and delivered it to the victim.

Since then, the Defendant sold the lappy to G, and then embezzled the above money by arbitrarily consuming it as living expenses, etc., without the consent of the victim around November 13, 201, when the Defendant received from G as the agricultural bank account (I) in the name of H, his father, and around November 5, 201, a total of KRW 40 million, including KRW 20 million, from G, around November 13, 201, and KRW 20 million from November 5, 201.

2. The Defendant, at the time and place specified in Paragraph 1, arranged a contract to sell the re-unclaimed uniforms managed by the victim E to the J, a chip farmer, to receive the proceeds of selling the re-unclaimed uniforms from J and deliver them to the victim.

Since then, the Defendant sold to J the monet, while receiving KRW 30 million from J as a check on November 15, 2010, the Defendant embezzled the said money by arbitrarily consuming it as living expenses, etc. without the consent of the victim at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Part on G’s statement among the second police interrogation protocol against the defendant

1. Each police statement of E;

1. A copy of the statement of transactions of HFC, a copy of the passbook, and a copy of the passbook (EF);

1. Application of Acts and subordinate statutes to the investigation report (referring to the J telephone statement, etc. related to the price of the deposit failure);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

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

1. Application of the sentencing criteria [the determination of types] Embezzlement and Breach of Trust, and Type 1 (less than KRW 100,000) [the determination of the recommended field] basic area [the scope of recommendation range].