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

However, 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 March 1, 2010 to May 31, 2010, served as the deputy head of the victim D and the victim E company located in Gangseo-gu Seoul Metropolitan Government as the victim Eul and the victim E company. The Defendant is a person who has been engaged in the business of paying the transportation revenue paid to the said company by the aforementioned company D and E to the accounting officer of the said company.

At around 11:00 on May 2, 2010, the Defendant voluntarily consumed KRW 1,792,00 as the Defendant’s living expenses, etc. while keeping 11,792,00 from 11 drivers belonging to E, a stock company, for the victim.

From around that time to May 31, 2010, the Defendant spent 34,389,000 won owned by the victim D and the victim E for the victims at the same place, such as the list of crimes in the attached list of crimes, at least four times.

Accordingly, the defendant embezzled money owned by the victims in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as cash transfer slips;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the point of each occupational embezzlement and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. 사회봉사명령 형법 제62조의2 양형의 이유 [유형의 결정] 횡령배임범죄, 제1유형(1억 원 미만) [특별양형인자] - 없음 [권고형의 범위] 징역 4월 ∽ 징역 1년 4월(기본영역) [선고형의 결정] 이 사건 범행은 택시기사들의 회사 납입금 관리업무를 담당하는 피고인이 이를 기회로 3,000만 원이 넘는 회사 납입금을 횡령한 것으로 그 죄질 및 범정이 좋지 못한 점, 그럼에도 이 사건 범행으로 인한 피해회복을...