A defendant shall be punished by imprisonment for four 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

From October 2016 to September 2018, the Defendant is a person who has been engaged in the duties, such as driving, collecting, etc. of freight vehicles C by the victim limited liability company C, which is located in Mineyang City B.

On January 20, 2017, the Defendant received KRW 138,600 from D, the business partner of the victim, from the victim, and received KRW 138,600 from E, instead of the victim’s business account, and kept in custody for the victim. Around that time, the Defendant voluntarily consumed KRW 15,006,408, in total, 12 times in the following manner, as shown in the list of crimes, from around July 12, 2018.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A copy of a bankbook, a statement of transactions, and a certificate of details by member trading account;

1. Business registration certificate and application of statutes of each motor vehicle registration certificate;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence: The defendant was unable to fully pay the amount of damage or to reach the final agreement with the victim;

The favorable circumstances: The defendant recognizes and reflects the crime.

The amount of damage is not large.

The defendant agrees with the borrower who is the actual victim and makes repayment according to the repayment plan.

A person who is a substantial victim is punished by the defendant.