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

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

Punishment of the crime

On November 16, 2015, the Defendant was employed by the victim D, who contracted construction machinery rental business, etc. in the name of "C," from around Gangnam-si (hereinafter referred to as "S"), and has been engaged in the work of operating e e e spacker devices owned by the victim.

The Defendant did not receive KRW 500,000 among the monthly salary 3.5 million in February 2016, and did not receive KRW 3.5 million in March 2016, and did not receive KRW 3.5 million in March 2016 in order to embezzled the equipment rent, etc. from the clients.

On May 25, 2016, the Defendant collected the equipment rent of KRW 5,520,00 from the Plaintiff’s representative H to the site of electric power resource housing located in Gyeonggi-si F, and consumed the equipment rent for the victim’s personal purpose, such as living expenses, at his/her own discretion, during his/her business storage.

From around that time to August 4, 2016, the Defendant spent 30,315,000 won in total, including the equipment rent, value-added tax refund, etc. kept on behalf of the victim, by receiving the value-added refund for the above sofacing machine paid by the victim, in the same manner as indicated in the list of crimes in the attached Form.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, I, J, and K;

1. Statement made by the police on the police;

1. Details of transactions, construction machinery registration certificate, business registration certificate, and notice of national tax refund;

1. Application of a detailed statement of deposit transactions and a copy of passbook;

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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following favorable circumstances)

1. The key point of the argument is that the rent for the re-equipment 1, 2, and 4 in the table of crime committed by the victim was consumed by obtaining prior permission from the injured party to receive wages in lieu of wages, and the national tax refund for the three-year period is owned by the injured party.