A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From December 2, 2015 to October 16, 2017, the Defendant served as an employee in E stores operated by the victim D with the victim D in Geumcheon-gu Seoul Metropolitan Government first floor from Geumcheon-gu as his/her employee and has been engaged in delivery and collection business.

The Defendant, by using the check card in the name of the Defendant, immediately cancelled the settlement, presented the sales slips printed at the time of settlement to the victim, and attempted to arbitrarily consume the cash received from the customers as the price. On February 2, 2016, the Defendant, while receiving KRW 21,900 from the customers whose name is unknown, was in cash and was in custody for the victim, used the money as the PC room usage fee, living expenses, etc. around that time, and embezzled the amount of KRW 12,642,90 in total until October 15, 2017 as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of approval for domestic transactions, copies of delivery books, and copies of sales slips;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant embezzled cash that has been deposited as delivery employee over a year and nine months; in the process, the defendant immediately cancelled his/her payment with his/her physical card and presented his/her receipt to the victim for the purpose of committing a crime, such as deceiving the victim, etc., and the quality of the crime is not good.

Although the amount of damage is not less than 12 million won, the damage has not been completely restored until now.

A favorable normal condition: The defendant recognizes a mistake and reflects it, and there is no history of criminal punishment.

The victim agreed to pay 4 million won to the victim.

The mother of the defendant is leading the defendant.