A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The Defendant is a person engaged in the wholesale and retail business of rice miscellaneous rice with the trade name “C” in Namwon-si, Namwon-si, and the victim D is engaged in the business of processing and supplying agricultural products, such as rice, in the name of “F,” in Chungcheongnam-nam Budget-gun, and the Defendant and the victim related to the high flasing line have traded in a way that the other party supplies rice or rice upon orders from 2015 to 2015.

On November 1, 2017, the Defendant received a request from the victim to send the rice in the south area, and received a deposit of KRW 20 million from the H association account (I) in the name of the Defendant’s wife G for the purpose of the purchase price, and kept the victim in custody for the victim. On November 16, 2017, the Defendant received the said request and deposited KRW 30 million in the J bank account in the name of the said G for the purpose of the purchase price, and kept the victim in custody for the sake of the victim.

However, the Defendant embezzled the victim’s property by arbitrarily consuming the money that he received from the victim for the use of rice purchase price at a non-place around each time and at the same time, for personal purposes, such as gambling funds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the details of financial transactions, details of account transactions (K's J bank account), and copies of passbooks (G's H Association account) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a heavier penalty than punishment in the crime of embezzlement around November 16, 2017)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

2. The scope of the recommended punishment according to the sentencing criteria (the type of embezzlement and breach of trust) shall be limited to the same concurrent crimes of embezzlement and breach of trust. The sentencing criteria of less than KRW 100 million (type 1) shall be limited to the same and concurrent crimes of embezzlement.