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

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

Punishment of the crime

【Criminal Records” On June 20, 2018, the Defendant was sentenced to a suspended sentence of six months for the crime of occupational embezzlement in Seoul Southern District Court, which became final and conclusive on June 28, 2018.

【Criminal Facts of Crimes】 From May 1, 2017 to November 17, 2017, the Defendant was in charge of managing business partners, concluding a construction contract, managing construction sites, and receiving construction cost, while working as business employees from “C”, which is the interior of the victim B’s interior business.

On May 11, 2017, the Defendant received KRW 2,130,000 from “D”, the customer of the victim, from “D,” and transferred money from “F bank account under the name of the Defendant (hereinafter “F bank G account”) to “F bank account”, and used the said money for personal purposes on the same day, and used it for personal purposes from the Si to October 21, 2017, as indicated in [Attachment List Nos. 1 to 39], 57,059,50 won (hereinafter “H bank account”) totaling 39 times from the customer of the victim’s bank account in the name of the Defendant, F Bank account in the name of the Defendant, H Bank account in the name of the Defendant (hereinafter “H Bank account”) and the Defendant Company Account Number G (hereinafter “Financial Company J account”) in the name of the Defendant, etc., and embezzled it for each of the Defendant’s personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Details of transactions by product, sales and collection lists, each quotation, each execution statement, each statement of transactions, each copy of the statement of transactions, and the head of each customer office;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, Seoul Southern District Court judgments, and data with a fixed date to the Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.