A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around April 2015, the Defendant received a subcontract for the dismantling of the underground floor mold in the construction site of the “D Apartment Complex” from C Co., Ltd. (hereinafter “C”), and performed the said construction upon receiving human resources from the victim E. The Defendant prepared and submitted to C a “written consent of delegation of wage payment” to the effect that he/she will substitute the employees of the victimized company for receiving wages. On the other hand, when the victimized company pre-paid the employees of the victimized company, the Defendant agreed to receive one-month wage from C and pay it to the victimized company. As such, the Defendant received the wages from the victimized company on behalf of the employees of the victimized company, and delivered it to the victimized company.

Nevertheless, the Defendant, at the end of January 2016, received 37,404,030 won from C to the Busan Bank Account (Account Number:F) in the name of the Defendant, and was in the custody of the victimized company for its business, refused to return the money and embezzled the money arbitrarily upon receiving a request from the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A statement of the current status of payment and attempted payment of wages, each claim for wages, statement of skills, etc.;

1. Application of the Acts and subordinate statutes to the complaint;

1. Records such as the pertinent legal provision on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment, the reason [the scope of recommending punishment] [the grounds for sentencing of imprisonment] [the grounds for sentencing] [the grounds for sentencing of imprisonment] [the period from April to April] 1] of the basic area (the period from April to April 1] [the decision of sentencing] of the defendant (the decision of sentencing]; there is no record of criminal punishment other than five times of fines during that period; damage inflicted on the victimized company was considerable; damage was not recovered; damage was not recovered; the defendant did not receive a letter from the victimized company; the defendant's age, character and behavior, intelligence and environment; motive, means and consequence of the crime; and circumstances after the crime.