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

Since 2011, the defendant has been engaged in delivery and collection business of the victim limited liability company B as the head of the present business office of the above company C.

around January 2016, the Defendant collected KRW 1,425,777 from B customers, and consumed the amount for personal purposes, such as living expenses, etc., for the victim company.

From around that time to March 2018, the Defendant consumed total of KRW 42,946,851, which had been kept for the victim company for 27 times in total, such as the list of crimes in the attached list.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the provisions of Acts and subordinate statutes concerning an attempted settlement of accounts, a statement of collection and settlement of accounts of places of business, and contract;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

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

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;

3. Determination of sentence: 8 months of imprisonment, and 2 years of suspended sentence, the Defendant embezzled money exceeding KRW 42 million for a period of up to two years as the principal of the victim’s present mountain business office.

In addition to the repayment of 2 million won up to now, damage has not been recovered.

In light of these circumstances, the defendant's liability for the crime is not easy.

However, the defendant recognized the crime, and the defendant paid part of the amount during the period of the crime.