A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

From October 2016, the Defendant received from the victim B, who is the head of a branch office in the Nam-gu Busan Metropolitan City, and collected and delivered the money from the customers, and deposited the money from the clients, and agreed with the victim to receive a certain fee, and thereafter, he/she has been engaged in the duty of collecting, delivering, receiving, etc. the money from the victim until March 2017.

On January 2, 2017, the Defendant spent KRW 18,636,150 in the same way as written in the list of crimes in attached Form 69 times until March 29, 2017, at around 2017, a sum of KRW 256,80,000, from customers, for personal use, such as living expenses, etc., around that time, while working in custody for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocols made by the prosecution and the police with regard to B (including the whole part);

1. Application of Acts and subordinate statutes to a plan to repay loans and outstanding amounts, details of transfer, a contract to establish a regional business office, details of settlement of accounts, and details of text messages transmitted;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The community service order under Article 62-2 of the Criminal Act;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The instant crime with the reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of the Declaration of Provisional Execution, is a repeated act of embezzlement of money and valuables while on duty for a considerable period of time, and the nature of such crime is not good, and the Defendant has a same criminal record.

However, the fact that the defendant recognizes the facts charged is seriously against the defendant, the amount of damage is not very significant, and the defendant suffers from brain disease.