A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 27, 2020, the Defendant was in custody of the victim B from the victim B to the Defendant’s account C (D) in the name of the Defendant. On March 27, 2020, the Defendant, despite being aware of the fact that the amount was erroneously remitted, transferred KRW 10 million to the Defendant E account (F) around 14:33 of the same day, and embezzled by arbitrarily consuming the amount of KRW 10 million from that time to April 21, 2020, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal complaint investigation report (a detailed statement of bank account transactions in the name of a suspect), investigation report (a detailed statement of account transactions in a suspect's deposit), investigation report (a document of account transactions in a suspect's deposit) and investigation report (a

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Orders for Compensation and Sentence of Provisional Execution under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment [the scope of the recommended area and the scope of the punishment] and the basic field of the embezzlement and breach of trust [the type 1] and the amount of less than KRW 100 million [the person subject to special sentencing], and April through April.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution one year, conditions favorable to community service 40 hours: Circumstances unfavorable to the defendant that the defendant has no criminal records and fines for the same kind of criminal records and fines: The damage has not been recovered, and the defendant's age, sex, environment, motive, means and consequence of the crime, and all the sentencing conditions specified in arguments, such as the circumstances after the crime, shall be determined as the order.