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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant served as a captain in Sungwon-si D located in Sungwon-si, Sungwon-si, the Defendant was delegated with the duties of receiving cargo vehicles in advance from the victim F, who is a major trading business entity, and mediating the sale and purchase of the said vehicles to drivers. As such, the Defendant had the duty to keep the vehicle in custody for the victim and pay it to the victim.

1. On March 20, 2015, the Defendant received from the victim on February 2015, G 4.5 tons of 200,000 G 4.5 tons of wing wing from the victim on February 2015 in line with the aforementioned duties, and sold KRW 63 million to H on March 20, 2015, and from around the 24th of the same month, the Defendant sold the same year.

4. Around 23.20 million won, he/she voluntarily consumed and embezzled 29.3 million won under the name of living expenses, office operating expenses, etc. while receiving full payment from the above H eight times in total and stored for the victim.

2. On September 2015, the Defendant received delivery of 66.5 million won from the injured party on or around October 2014 according to the aforementioned duties, and sold KRW 50 million to J on September 22, 2015. From around that time to September 30, 2015, the Defendant embezzled KRW 35,300,000 as the name of living expenses, office operating expenses, etc. while receiving KRW 35,300,000 from the said J to the said J on five occasions during the period from that time until September 30, 2015.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Application of the Acts and subordinate statutes of each police statement protocol to F and K;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment. Article 355 (1) of the same Act

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) has the history of criminal punishment twice for the crime of the same kind, but recognizes his/her mistake and reflects his/her mistake, and smoothly agreed with

1. The scope of punishment recommended according to the sentencing guidelines under Article 62-2 of the Criminal Act of the community service order;