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

Criminal facts

The defendant has been engaged in the management of the amount of alcoholic beverages collected by the victim as an individual employee of the victim D, who works as marina in Gangnam-gu Seoul Metropolitan Government C entertainment tavern.

On April 5, 2013, the Defendant received alcoholic beverage payments, etc. from the victim from the deposit account in the name of one bank account in the name of the defendant's living, and used them for the taxi with the mind by using the physical card connected to the above account while working for the victim.

In addition, from around that time to June 11, 2013, the Defendant embezzled KRW 48,737,163 of the aggregate amount by the same method as indicated in the attached list of crimes through the same method over 148 times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police in D;

1. A complaint filed for DNA preparation;

1. Application of Acts and subordinate statutes concerning transaction details of E one bank (F);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing of the alternative sentence of imprisonment [the scope of punishment] : (a) 1 month to 10 years of imprisonment ; (b) 4 months to 1 year to 4 months (the basic area); and (c) misappropriation and breach of trust; and (d) 100 million won (the decision of sentence] to 5 months of imprisonment. The crime of this case is a case where the defendant arbitrarily uses the amount of money withdrawn by using a physical card connected to the passbook for private purposes, such as repayment of personal debt, while managing the passbook in which the victim's liquor amount, etc. are deposited; and (c) 50 million won or more of the amount embezzled by the defendant has not been recovered yet; and (d) it is inevitable to sentence the defendant to the extent that the victim wants to be punished.

However, the defendant recognized the crime of this case and reflects his mistake in depth, and the defendant has no record of punishment exceeding the fine, and the trial of this case is conducted.