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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant worked as the secretary of the "C" in Pyeongtaek-si B, and was engaged in the affairs related to the lawsuit and deposit, upon receiving a request from the victim D in connection with the civil lawsuit from the above office on September 201, 201.

On September 29, 201, upon delegation from the above victim, the Defendant deposited KRW 53 million in the Seowon District Court Branch Branch of Daejeon District Court (201Kahap300, Sept. 29, 201), and deposited KRW 4 million in the Suwon District Court Branch of Suwon District on October 24, 2011.

1. On October 25, 201, the Defendant deposited 53 million won deposited into the Saemaul Treasury account of F judicial scrivener from the Daejeon District Court’s Branch of the Daejeon District Court to the Saemaul Treasury account in his/her own name and subsequently temporarily consumed the deposit for personal purposes, such as repayment of his/her debt or use of living expenses.

2. Around December 16, 2011, the Defendant received KRW 140 million from the Changwon District Court under the name of paying the deposit as deposit money, and kept in custody for the victim, the Defendant arbitrarily used KRW 8 million for personal purposes, such as repayment of his/her personal debt and use of living expenses, etc. on December 20, 201, while paying KRW 122.6 million to the Changwon District Court on December 20, 201.

3. On March 15, 2012, the Defendant arbitrarily consumed the deposit money for personal purposes, such as repayment of his/her debts or use of living expenses, etc., while receiving four million won or more from a certified judicial scrivener office’s staff and being kept for the victim.

Accordingly, the defendant embezzled the victim's property over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to records of deposited cases, copies of each statement of deposit, and details of deposit and withdrawal by a new bank;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence for the sentencing criteria;