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

Punishment of the crime

On September 14, 2017, the Defendant kept 17,930,000 won, which was erroneously remitted from the OK Savings Bank Account (C) in the name of the Defendant in the name of the Defendant on behalf of the victim, at the OK Savings Bank Account (C) in the name of the Defendant, for the victim. On September 29, 2017, the Defendant returned 5,000,000 won out of the said money to the victim, even though he/she was requested from the person who discovered that the money was wrongfully remitted, and then embezzled the money by arbitrarily using the same as living expenses, etc. without returning the remainder of 12,930,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on deposit details;

1. The punishment shall be determined by comprehensively taking into account all the circumstances indicated in the record, including the following circumstances, for the reason of sentencing of Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding the crime.

Conditions unfavorable to the confession: Recovery of injury;