A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant, from January 25, 2010 to April 19, 2013, has been engaged in the sale and collection of the said wholesale store as a member of the business of “E”, which is a wholesale store for the operation of victim D in Bupyeong-gu Incheon Metropolitan City.

On February 24, 2012, the Defendant collected KRW 96,000 from “F”, a business partner, from “F,” and was kept in custody for the victim. Around that time, the Defendant consumed the money for personal use, such as living expenses, from “F,” which is a business partner.

In addition, from around that time to April 5, 2013, the Defendant collected total of KRW 141,161,00,000 from the inner point of the Seoul metropolitan area, such as Dongducheon-si and Seocheon-si, for a total of 210 times, and embezzled the property of the victim by consuming it in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the accusation, A inventory status, etc., self-written statements, weekends (Duplicates), retirement certificates, notarial deeds (Duplicates), redemption details, content certificates (Duplicates), customer cards (Chapters 210), and written confirmations (Chapters 9);

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning crimes. Article 355 (Selection of Imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Determination of types: / [5] Embezzlement/Misappropriation, [type 2] more than KRW 100 million, but less than KRW 500 million;

(b) Persons with special punishment: Reduction elements (not subject to punishment);

(c) A general person who has been sentenced to mitigation (where he/she is unable to consume most of criminal proceeds) or aggravating factor (where he/she is engaged in embezzlement or embezzlement);

(d) Scope of recommendations: Reduction area, six months to two years; and

3. Determination of sentence: Imprisonment with prison labor for 10 months, two years of suspended sentence (limited to reasonable circumstances), confession of a crime, no record of a crime heavier than suspended sentence exists, and the defendant will make installment reimbursement to the victim from June 2013 to May 2023 by 60,000 won each month.