A defendant shall be punished by imprisonment for six 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 January 10, 2014, the Defendant received KRW 100 million from the victim D to the agricultural bank account in the name of the Defendant from the victim at the scene office of the C Civil Works Corporation located in Sungsung-si around January 10, 2014, and received KRW 100 million on five occasions from January 17, 2014 to February 17, 2014, and embezzled KRW 64 million out of the above money for gambling funds, etc. for five times in total, as shown in the attached list of crimes, at the request of the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of deposits and withdrawal;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the mitigated area of punishment [special mitigation elements] [the scope of recommended punishment] in the mitigated area of punishment (the scope of recommended punishment] from January to October;

2. Determination of sentence: (a) In this case, the Defendant’s embezzlement of KRW 64 million; and (b) in light of the fact that the Defendant appears not to have been able to recover damages up to the present time, in addition to the amount of the embezzlement profit and the amount of partial performance of part of the vehicular damage, the Defendant’s criminal liability is not easy.

However, considering the favorable circumstances, such as the fact that the defendant recognized his mistake, the fact that the injured person does not want the punishment against the defendant, the fact that the injured person has no record of criminal punishment heavier than a suspended sentence, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are revealed in the arguments of this case.