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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. From October 2004 to May 1, 2012, the Defendant, a business employee of the victim C, engaged in the business of selling books, selling proceeds, and managing the said company.

On July 11, 201, the Defendant received KRW 1,470,000 from D, a customer who purchased the said company’s books, and kept them for the victim, and around that time, used the said amount for the personal purpose of the Defendant. From that time until April 3, 2012, the Defendant arbitrarily used the sales proceeds of KRW 43,924,00 in total over 56 times as indicated in the attached list of crimes in the same manner, from around April 3, 2012, the Defendant used the said amount for the personal purpose of the Defendant.

Accordingly, the Defendant embezzled KRW 43,924,00 in occupational custody.

2. On June 21, 2012, the Defendant made a false statement to the victim F, who was aware of his/her usual domicile at the Defendant’s residence in Nam-gu, Nam-gu, and called “to send C Island if he/she transfers the book price.”

However, since the defendant had already been in the position of the business members of the above company, even if he was paid the money, he could not sell books.

The Defendant, by deceiving the victim as such, received 655,00 won from the victim to the Defendant’s account as the book price for the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (report accompanied by evidentiary materials submitted by a complainant), a criminal investigation report (Hearing statements by a complainant);

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

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

1. The probation is the first offender under Article 62(1) of the Criminal Act, and is in prison life for a reasonable period of time; and