A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From February 6, 2015 to January 23, 2017, the Defendant served in the victim Nonghyup branch in Daegu Metropolitan City, Dong-gu, Daegu Metropolitan City, Dong-gu, and from January 25, 2017 to June 30, 2017, the Defendant received public charges, such as various local taxes.

around July 7, 2016, the Defendant received 7,00,000 won from F as income tax from F at the point of the NongHyup Bank’s branch, and was in business custody for the victim, the Defendant spent 7,000,000 won at will to pay the interest on the Defendant’s loan to the designated national treasury account, not immediately deposit to the designated national treasury. From around that time to June 26, 2017, the Defendant arbitrarily consumed 50,656,940 won in total for 19 times, as shown in the attached list of crimes.

As a result, the defendant embezzled the victim's property in breach of his occupational duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on accusation, receipt of electric charges, notice of payment, notice, and receipt;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution do not specify the amount that the Defendant embezzled, but deposited most of the embezzled amounts to the corresponding payment date. Since all of the embezzled amounts have been repaid to the victim, the actual damage of the victim is not significant, there is no record of criminal punishment against the Defendant, and the Defendant appears to have been dismissed due to the instant crime.

The defendant's motive and background of the crime in this case, relationship with the victim, etc. shall be taken into account, and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, shall be determined as ordered by taking into account the following factors