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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays 58,64,300 won to the applicant for compensation.
Reasons
Punishment of the crime
The Defendant, from August 22, 2017 to May 18, 2018, has been engaged in accounting duties, such as the management of money, as an assistant nurse, in the “D D D D D D D D D D D D D D D D D D D D dental” operated by the victim B.
Around August 24, 2017, the Defendant: (a) received medical expenses of KRW 2,600,000 from customers in cash and received KRW 600,000 from customers; and (b) took care of KRW 2,00,000,000, which is the difference in the difference for the above dental work; (c) used the difference for personal purposes, such as living expenses and personal debt repayment, from around that time to May 9, 2018; and (d) embezzled the victim’s property by consuming KRW 84,084,30 in total from the place, etc. in Daejeon, such as the list of crimes, to around that time, from around that time, to around May 9, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Complaint;
1. Details of remittances made by the person under his/her name to an account in the name of his/her family;
1. Certificate of employment;
1. Each report on investigation;
1. Each account book, receipt, record of medical treatment, etc.;
1. A written confirmation of transaction details;
1. Correction of errors in crime sight lists and application of Acts and subordinate statutes governing complainants' representatives;
1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. Articles 25(1), 31(1), and 31(2) (limited to KRW 84,084, 300 - Amount of KRW 25,420,00 = 58,664,30) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order;
1. Although the reasons 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 (hereinafter “Special Cases”), there are favorable circumstances such as the confession of the defendant and the fact that the defendant has consistently repaid part of the amount of damage every month, etc. However, considering the fact that the nature of the crime in light of the methods and contents of the crime in this case is very inappropriate and that the amount of damage has not yet been recovered exceeds 50 million won, the punishment of the defendant has no choice but to be sentenced.
However, taking into account the family environment of the accused;