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

Punishment of the crime

The Defendant was an employee of the “C Improvement Factory” operated by the victim B.

On May 10, 2018, the Defendant: (a) opened an account in the name of “E” (companyF) under the name of the Defendant’s representative upon the request of the said victim to receive the repayment of the borrowed money; (b) promised to receive the said money from the said victim on behalf of the victim and keep the said money in custody of the victim.

In accordance with the above promise, while the Defendant received KRW 47 million from D to the above E’s account and kept for the victim, the Defendant changed the seal impression of the above account after re-issuance of the passbook, and then intended to withdraw money from the above account and use it voluntarily. On June 25, 2018, around 15:06, the Defendant withdrawn KRW 30 million in cash using the passbook and the seal impression stamp that was re-issued at the bank counter of the old bank branch located in Nowon-gu, Chungcheongnam-gu, Seoul Special Metropolitan City and then transferred KRW 17 million to the G bank account in the name of the Defendant, and then arbitrarily used it with gambling funds around that time.

Accordingly, the Defendant embezzled the victim's money of KRW 47 million on behalf of the victim while keeping the victim's money in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning investigation reports (a business registration certificate, etc.), investigation reports (a photograph of the suspect who withdraws cash), investigation reports ( listening to telephone statement from the representative D), investigation reports (a statement from the counter party of the representative D), investigation reports (a statement of account transactions in the E name); and details

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] embezzlement and breach of trust; and embezzlement and breach of trust.