A defendant shall be punished by imprisonment for not less than five 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

Around May 2013, the Defendant was delegated by the victim B, who was a branch, with the sale of Eunpyeong-gun C and D land owned by the victim, and around September 10, 2013, the E Union located in Pyeongtaek-gun, where the Defendant was working for the Defendant, opened an E Association Loan Account (the “Maspbook”) in the name of the victim who consented to the payment of money necessary for the trading relation, and had the victim keep the passbook and the seal of the victim for the convenience of the Defendant’s business.

On October 4, 2013, the Defendant arbitrarily released KRW 1,00,000 from the victim’s above account, and embezzled at around that time by using it for an individual’s personal purpose, and then embezzled KRW 36,056,685 in total on 42 occasions from around that time to September 2015, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes of the list of evidence 2 through 10, 13, 16, and 17;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Embezzlements) (Embezzlements) (Embezzlements) and Misappropriations (Embezzlements and Breach of Trust) (Type 1) (Type 1) and less than KRW 100 million (Special Sentencings) - Reductions (Special Sentencings): In cases where punishment is not granted or significant damage has been recovered, there is no reduction range, imprisonment with labor for one month or ten months (General Sentencings);

B. Embezzlement 2 (Embezzlement) / Embezzlement / Misappropriation / misappropriation / misappropriation / misappropriation / misappropriation.