1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

The defendant is a person who has operated a chump in a mountain, mountain, or E resting area in the mountain, mountain, and mountain.

(A)On August 30, 2010, F of the Victim F sent KRW 9,280,100,000 to the Defendant’s Agricultural Cooperative Account under the name of the Defendant to the Defendant’s account, and due to mistake, erroneously remitted KRW 41,789,678 to the said account.

After that, while the defendant knew that he had been in the above account more than ordinary money, he arbitrarily consumed the amount of 35,835,806 won by his customer's payment, etc. and embezzled the amount of 35,806 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer in relation to H;

1. Application of the Acts and subordinate statutes stated in the details of account transactions, details of account transactions by suspects, and criminal investigation reports (calculated amount of embezzlement of suspects);

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of sentenced punishment: One month to five years of imprisonment;

2. The sentencing criteria [decision of types] the group of embezzlement and breach of trust crimes, the category 1 (less than 100 million won) [the scope of recommendations] mitigation area: Imprisonment from abroad to October special mitigation factors: None of the special aggravation factors:

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution: There is no positive negative reason for the suspension of the execution of two years [main reasons for the suspension of the execution]: There is no negative reason for the lack of punishment (general reason for the suspension of the execution of the execution of the execution of the execution of the execution of the above]. There is no negative reason for the main reason for the suspension of the execution of the execution of the execution of the defendant's life, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc. (general comparison and evaluation).