A defendant shall be punished by imprisonment for one year.

except that 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

From February 2018, the Defendant worked as a driver of the scrap metal company “D” for the operation of the victim C in Si interesting from February 2, 2018, and from August 2018, the Defendant was in charge of the purchase of scrap metal and the management of funds of D, such as obtaining a passbook, seal, and identification card from the victim’s bank account (E) in the name of the victim and withdrawing the scrap metal deposited into the said account and paying it to the customer.

On October 22, 2018, the Defendant withdrawn the scrap metal deposited in the above account and used it for personal debt repayment, gambling fund, living expenses, etc., and kept 132,358,300 won deposited in the name of scrap metal from D’s transaction partner F for the victim. At around 15:57 on the same day, the Defendant deposited 130,920,000 won in cash (50,000 won) at the IBK Enterprise Bank Dispatching point located in the special tourist zone of Pyeongtaek-si at 15:57 on the same day, and deposited 20,000,000 won in cash (I) at the HB bank account in the name of G creditor, and around that day, deposited 130,920,000 won for personal debt repayment and voluntary consumption, etc.

Accordingly, while the defendant has been in custody of the victim's property for business, he voluntarily consumed and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on the account transaction screen to a golf course;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”) include: (a) the factors of sentencing as follows; (b) the Defendant’s age, character and conduct; (c) environment; (d) motive, means and consequence of the crime; and (e) the various factors of sentencing as set forth in Article 51 of the Criminal Act, as indicated in the records of the instant case,

Sentencing elements: The defendant's mistake is recognized, and the victim is the victim.