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

The Defendant, from June 2010 to June 2010, has been engaged in the supply and collection of food materials of the company as business employees of E operated by victims D in the Chungcheongnam-gun of Chungcheongnam-do.

On June 2010, the Defendant collected the amount of 4,043,780 won of the food materials supplied from the Frant, which is a customer of the victim, and consumed the amount for personal use of the Defendant, such as debt repayment and stock investment, around that time.

The Defendant spent KRW 80,527,606 in total for the supply price of food materials stored in business for the victim company as stated in the attached list of crimes between around that time and around August 2010 by means of such method as above.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes on writings and the details of public fund use;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing guidelines are applied [the range of recommending punishment] category 1 (100 million won) basic area (4 to 1 year and 4 months), the amount of punishment is not imposed, or major damage is recovered / Where the method of punishment is extremely poor;

2. Although the amount of embezzlement determined by the sentence is equivalent to the amount of embezzlement, it is so decided as per Disposition by taking into account the following circumstances: (a) the Defendant recognized the facts charged in the instant case and against his mistake; (b) the victim has recovered from damage; (c) the Defendant has not been punished; and (d) the Defendant’s age, character and conduct, family environment, etc.