A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From May 26, 2014 to October 14, 2014, the Defendant served as a business employee at an agency of the victim C’s operation located in Busan Dong-gu, Busan as a business employee, and has been engaged in entering into contracts related to the establishment of various households, such as lucke, attached houses, etc., and collecting money.

On August 13, 2014, the Defendant entered into a construction contract for the installation of F and Litch in the F’s residential area located in Busan Shipping Daegu EF, with F and Litch in KRW 1.8 million, and received KRW 1.35 million from F in the same place on September 2, 2014 as a price for installation, and used it for the victim’s personal purpose, such as living cost, in Busan, at around that time.

In addition, from that time until September 25, 2014, the Defendant consumed 22,698,000 won received from customers as the price for household installation work in 11 times as shown in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Each police statement of C;

1. Application of Acts and subordinate statutes to copies of each contract;

1. The grounds for sentencing of Article 356 and Article 355(1) of the Criminal Code of the pertinent Act for criminal facts [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] types 1 (100 million won] (4th to 1 year and 4th) of the basic area (4th) of punishment] [the scope of sentencing comparison with the recommended types: April 1 year and 1 year 4th [the decision of sentencing] of the pertinent law for criminal facts; the amount of damage is not small and not yet recovered from damage, the defendant shall be sentenced to a sentence.

In addition, considering the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the motive of crime and family support relationship, and the sentencing criteria determined by the Supreme Court’s Sentencing Committee, the punishment shall be determined as per the order, and the damage recovery at the appellate level.