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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is a person who has been in charge of the collection of funeral service charges while serving as a person in charge of accounting and team leader from May 1, 2013 to September 30, 2016 in the Special Project Team of the D Hospital located in Gwangju-gu, Gwangju-gu.
After the funeral ceremony of the deceased has been completed, the Defendant received funeral expenses by claiming funeral expenses from resident residents and deposited the funeral expenses directly into the branch offices of the Gwangju Bank in the D Hospital, but he had the mind to be useful for private purposes, such as the Defendant’s entertainment expenses.
On November 28, 2013, the Defendant had held a funeral in D Hospital funeral ceremony on November 28, 2013.
E received KRW 8,180,000 from E in cash and embezzled KRW 247,915,250,000 in total for private purposes, such as payment of credit card bills, personal debt repayment, and entertainment expenses, among July 1, 2016, during the course of business, for D hospital, from the Japanese members in Gwangju City, for the purpose of private use such as entertainment expenses, etc., as shown in the attached crime list, from July 1, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the police with respect to F and G;
1. Application of the police statement protocol (Supplement of complaint) statutes to H;
1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the selection of punishment, reasons for sentencing of imprisonment [the scope of recommended punishment in the sentencing guidelines] - Type 2 (not less than 100 million won but less than 500 million won) - No person who is in charge of special sentencing: (a) has no basic area (one or more years to three years) - there is no person who is in charge of sentencing [decision of sentence] for favorable circumstances: The defendant acknowledges his/her mistake; (b) there is no other record of punishment other than the defendant who has been punished once for another type of crime in 1988; (c) there is no other record of punishment other than the defendant who has been punished once for another type of crime ; (d) the amount of adverse normal damage