A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor and six months for attempted fraud at the Seoul Central District Court, and completed the execution of the sentence in the Jinju prison on August 28, 2015.

On March 14, 2018, the Defendant agreed to return money immediately for the purpose of establishing transaction details for the issuance of false tax invoices, and embezzled by using KRW 124 million in the name of the Defendant’s agricultural bank account (Account No. C) from the victim B via the SC Bank account in the name of the Co., Ltd. in the name of the Defendant, while keeping the amount of KRW 124 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (victim B telephone communications);

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of punishment] according to the sentencing guidelines], embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], and the mitigated factors: Where the amount of punishment is not paid or a significant damage is recovered, the aggravated factors: The area of mitigation of the same repeated crime [the area of recommendation and the scope of recommendation], six months

3. Determination of sentence: Determination of sentence, after considering the following circumstances in the year and February of one year and two months, the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

D. Unfavorable circumstances: The crime that the defendant received and kept money from the victim and used the money at will shall not be less vulnerable to the nature of the crime in light of the amount of damage, the circumstances and details of the crime.

Defendant committed a repeated crime during the period of repeated crime.

The victim is seeking severe punishment.

The defendant has committed the same offense.