beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, as an employee of “E” operated by the victim D in Busan Southern-gu, has been engaged in the business of selling and collecting goods, such as disposable water cases, to restaurant restaurants.
Around January 2012, the Defendant voluntarily consumed goods for personal purposes in a restaurant with the trade name of “F”, which is a customer of the said “E,” and received KRW 12,500 for goods supplied to the said restaurant, and was in custody for the victim. Around that time, the Defendant voluntarily consumed goods for personal purposes in the place of business.
In addition, the Defendant arbitrarily consumed the total of KRW 42,698,400 by the same method over 147 times, as indicated in the list of offenses, from that time until April 2016.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made with D;
1. Application of Acts and subordinate statutes to report on investigation (a list of damage submitted by the victim);
1. The relevant Article of the Criminal Act: (a) Articles 356 and 355(1) of the Criminal Act regarding criminal facts; (b) the grounds for sentencing of sentence of imprisonment [the scope of recommended punishment] Type 1 (4) [the grounds for sentencing of sentence] [the prosecutor's opinion] [the grounds for special sentencing] [the prosecutor's opinion] 1 year and six months of imprisonment [the sentence] period 42 million won from 2012 to 2016 while he/she was engaged in the business of supplying and collecting goods; (c) the total amount of 42 million won from 2016 to 2016 was embezzled; (d) the damage was not paid; (d) the defendant did not have any particular criminal record; (d) the defendant was found to have erred; (e) the defendant's age, sex, intelligence and environment; (d) the relationship with the victim; (e) the motive and consequence of the crime; and (e) the conditions for sentencing under Article 51 of the Criminal Act, such as the following circumstances.