A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On May 30, 2014, the Defendant was sentenced to one year of imprisonment for occupational embezzlement at the Daegu District Court, and the period of parole was expired on March 30, 2015 when the sentence was executed by the Daegu Prison.

【Criminal Facts】

From May 2016 to May 2018, the Defendant, while taking charge of accounting duties in the “D”, a recycling company, operated by the victim C in Yongcheon-si B from May 2016 to May 2018, performed the duties of managing the post office account in the name of E (F) of the victim C, who was used as a business account of “D”.

On October 20, 2016, the Defendant embezzled KRW 1,80,400 from the G Association account (H) in the name of the Defendant as if he/she were in custody of the money deposited in the said E’s account at the above “D office” office for business purposes, by arbitrarily remitting KRW 1,80,400 to the said G Association account under the name of the Defendant.

In addition, from that to April 30, 2018, the Defendant arbitrarily transferred the “D” fund of KRW 56,321,200 in total, as shown in the attached list of crimes, and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. One ticket to be submitted by the complainant;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of repeated records of the same kind of suspect);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive;

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

1. Aggravation of less than KRW 100 million [Special Aggravation of Punishment] (Special Aggravation of Punishment): The scope of recommended punishment according to the sentencing guidelines [Determination of type], embezzlement and breach of trust (Type 1], and the amount of aggravation of punishment: The area of reduction of punishment [the area of recommendation and the scope of recommendation], the area of reduction of punishment [the area of recommendation and the scope of recommendation], and one month through October;

2. Determination of sentence: The defendant, for six months of imprisonment with prison labor, has been sentenced to one year for occupational embezzlement and has the same record as the defendant has completed the execution thereof.