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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who worked as an insurance solicitor from October 1994 to April 2014 as the Hansung Life Insurance Co., Ltd.
On November 2006, the Defendant embezzled the total amount of KRW 78 million by arbitrarily consuming it for personal purposes, such as living expenses, etc. from a member of the Daegu Si Council around that time to May 201, 201, as shown in the separate crime list, as in the separate crime list, from the victim D, for the monthly insurance payment of KRW 1,50,000,000,000 from the victim D, who was the insured.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The application of the police statement to D and the Acts and subordinate statutes of written confirmation;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the accused has led to a confession of a crime, is in depth and is against depth; (b) the accused has paid a certain amount of damages every month to the victim for a period of about one year prior to filing a complaint against the accused; and (c) the accused has no criminal record exceeding half of the amount of damages; (d) the accused has not been punished by a fine; and (e) the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime