A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant has been working for both main points from October 22, 2013 to March 25, 2014 at the victim-based dispute resolution agency, which entered into an entrustment contract with SK Telecom (State) for sales of mobile communications.

On October 22, 2013, the Defendant: (a) sold or opened a mobile phone at the two main points of the victim in the two main points located in D at the two main cities of the game; and (b) requested customers to pay the user fee for the existing mobile phone circuits, installment payments, penalty, etc. from the customers.

As above, the Defendant: (a) received cash 396,250 won from customers E, etc. and kept in custody for the victim; (b) around that time, he arbitrarily used KRW 149,230 out of the above money; and (c) up to March 25, 2014, the Defendant embezzled KRW 15,000,130 in total over 51 times, as in the column of “attached Crime List” from March 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (the determination of the amount of embezzlement property), investigation report (the full summary of the amount of embezzlement property);

1. Application of Acts and subordinate statutes, such as the monthly status of unpaid deposits after receipt and substitute payment;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Type 1 (100 million won or less) [In the case of reduction [1-100 million won or less] [1-10 months]] of the mitigation area, [10 million won for the victim's side, deposit of 10 million won or more for the victim's side, there are no records of crime other than once a fine for this paper, and the crime of this case is not good, and the victim did not have agreed with the victim, and the victim did not feel against the Defendant's genuine nature or effort, the degree of the defendant's current revenues and the degree of recovery, the amount of embezzlement and the amount of punishment as described in the order shall be determined in consideration of other circumstances and conditions of sentencing as stated in the oral argument of this case.