A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From December 2, 2016 to December 2, 2017, the Defendant, as the instant agent of the “D agency” operated by the victim C in Kim Jong-si, was engaged in the delivery, the collection of goods from customers, and the collection of money.

On November 1, 2017, the Defendant spent 21,757,800 won in total, including transportation, collection charges, etc., which had been kept for personal purposes, for a total of 42 times during the period from November 20, 2017 to December 20, 2017, for personal purposes, as indicated in the list of crimes in the separate sheet.

As a result, the defendant embezzled the property of the victim who was on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (C/C)

1. A report on investigation (specific case as the amount of damage);

1. A copy of the detailed description of selective distribution, and application of each benefit provision statute;

1. Relevant Articles 356 and 355 (1) (general) and 355 of the Criminal Act concerning the facts constituting an offense; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area of the recommendation [the scope of the recommended punishment] that there is no type 1 (less than KRW 100 million) (the amount of less than KRW 100] (the decision on the recommended area] (the scope of the recommended punishment] four months to one year and four months.

3. Determination of sentence: (a) the Defendant recognized all the facts charged of the instant case and expressed his intention of reflection against the mistake; and (b) the Defendant paid KRW 1.22 million to the injured party of the instant embezzlement on May 15, 2018, and restored part of the damage margin, etc. in favor of the Defendant.

However, this case is an individual who works as a representative of the victimized person's selective distribution engineer and takes approximately KRW 21 million in total.