A defendant shall be punished by imprisonment for six 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

From September 2014 to April 2016, the Defendant served as the head of the business office in the victim C Operation D located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) and was engaged in the duties such as interior works, the sales of interior works, and the collection.

On January 4, 2016, the Defendant collected KRW 550,000 from customer E as sales proceeds of D transfer from the above office, and received money equivalent to the above amount from the G Bank account in the name of F, which was in the name of the Defendant, not the victim’s name, and kept in custody for the victim. At that time, the Defendant voluntarily consumed D’s additional construction cost, living cost, etc. to be borne by the Defendant at the seat of Seoul Metropolitan City.

In addition, from that to April 30, 2016, the Defendant embezzled the victim’s property by voluntarily consuming the amount of KRW 9,558,00,00, which was received from the victim as the interior fee or sales price of small goods under the name of D-related construction cost or paid from the victim for the purpose of D-related construction cost, as shown in the list of crimes in attached Form 17 times. Around that time, the Defendant embezzled the victim’s property by voluntarily consuming D’s additional construction cost, regardless of D’s personal needs, construction cost, living cost, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a report on investigation (report accompanied by preparation of a list of crimes), a written complaint, a statement of damage filed by a complainant, and a deposit certificate;

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 scale of damage in this case and the circumstances before and after the crime, age, character and conduct of the defendant, such as the poor quality of the crime in light of Article 62(1) of the Criminal Act and the method thereof, and the record of the same punishment is not agreed upon with the victim, and the defendant is punished by imprisonment with prison labor for the lack of agreement with the victim; and the defendant has deposited KRW 4,00,000 out of the damage amount.