A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

From September 10, 2008 to July 15, 2017, the Defendant worked as the director in the Victim Dispute Settlement Bank E, which is a fishery products distributor on the first floor of the Dongjak-gu Seoul Metropolitan Government D Underground, and was in charge of the sales and collection of fishery products, such as electric uniforms and posters.

From January 2014 to July 2017, the Defendant: (a) collected total of KRW 33,137,600 from F, a business partner in the Gu fishery market; and (b) voluntarily consumed the sales proceeds of fishery products for the victim on 24 occasions; (c) around that time, the Defendant spent the total amount of KRW 156,868,90 for total sales proceeds of fishery products from 24 business partners during the same period as indicated in the daily list of crimes attached hereto; and (d) voluntarily consumed the amount of KRW 156,868,90 for the victim on 171 occasions while keeping it for the victim.

As a result, the Defendant embezzled the funds of the victim in his occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of G in the suspect examination protocol against the accused in the prosecution;

1. Statement of the police statement related to G;

1. The sales ledger of each customer (Nos. 4, 10, and 13, No. 4);

1. Application of Acts and subordinate statutes concerning the embezzlement of public funds;

1. According to the pertinent legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act of the choice of punishment [the scope of the recommended punishment] type 2 (10 million won or more or less to 500 million won) of the basic area (1 to 3 years) of the sentencing sentencing (1 to 50 million won) of the Criminal Act, the defendant has shown a attitude of misunderstanding that he/she has committed a mistake when he/she confessions all criminal facts; the primary crime is that he/she uses the embezzled money as living expenses, education expenses, hospital expenses, etc. of his/her family members; the amount of the embezzled money was deposited as KRW 45 million for the victim; the amount of KRW 2 million was repaid; and approximately KRW 16 million expected retirement allowances will be used for the repayment of damage.

There are extenuating circumstances such as the situation.

However, the amount embezzled over a long period of time is large and considerable.