A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From December 2, 2015 to May 2017, the Defendant worked as an employee of the Victim Incorporated Corporation D, a company developing and trading seeds in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and was engaged in the business of selling seeds of the said victim company and receiving sales proceeds.

On June 27, 2016, the Defendant received KRW 1,100,000 from F, a trader of the victim company, to the Agricultural Cooperative Account under the name of the Defendant, and used KRW 1,100,000 for personal purposes, such as living expenses, in mind, at the office of the said victim company.

In addition, from around that time to April 2017, the Defendant received a total of 34 times payment from the above Defendant’s account or cash payment for the victim company, and consumed KRW 22,186,800,00, in mind, for the total amount of the proceeds from selling seeds in custody on behalf of the victim company.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigative report (in case of attaching X-cell files, the details of which have been embezzled by the person under investigation are recorded);

1. Overall control of the details embezzled through bankbooks and cash collection;

1. Application of Acts and subordinate statutes to the current status of respective attempts of Gyeongnam;

1. Articles 356 and 355 (1) of the Criminal Act, the selection of punishment by imprisonment, inclusive, with prison labor under the relevant Article of the Act and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to January 1) of the sentencing guidelines (the scope of recommendations) / [the scope of concurrent crimes of embezzlement for occupational purposes] No. 1 of the Act (the amount of less than KRW 100 million) / None of special sentencing factors / [the person who is subject to special sentencing];

2. The sentence is to be imposed as ordered by comprehensively taking account of the following circumstances below the sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.