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

Punishment of the crime

1. Around June 26, 2015, the Defendant: (a) was entrusted with the custody of KRW 13,000 (5,000 per share) stocks of the Victim B from the Victim B; and (b) the Defendant, in relation to the said stocks, voluntarily consumed the said stocks for personal use after he/she disposed of the said stocks at his/her discretion on June 26, 2015, even though (c)D, in which the Defendant was operated, did not exercise a white margin relating to the said stocks; and (d) returned the said stocks to the victim.

Accordingly, the defendant embezzled the victim's property.

2. Around June 30, 2015, the Defendant: (a) was in custody of KRW 4,500 (5,000 per share) stocks entrusted by the Victim E; (b) around June 30, 2015, the Defendant voluntarily consumed the said stocks for personal use after voluntarily disposing of the said stocks; and (c) around June 30, 2015, the Defendant was in custody of KRW 4,500 per share of KRW 5,00 per share.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing details of each transaction, each transaction set, each exchange of stocks, each stock holding certificate, text message, and details of transactions;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation (based on the sum of the amount of profit) based on the sentencing guidelines (based on the determination of the type), [based on the aggregate of the amount of profit] the embezzlement and breach of trust (Type 1], and there is no person who is less than KRW 100 million [special person] (the area of recommendation and the scope of recommendation], and the basic area of imprisonment with prison labor from April 1 and April 4 months.

3. Determination of sentence: A favorable condition is that there is no criminal record exceeding five months of imprisonment with prison labor, and that the defendant is against whom he/she is recognized to commit an offense.

However, the defendant was entrusted with the sale of shares by communicating the victims first.