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The punishment of the accused shall be determined by six months of imprisonment.
Reasons
Punishment of the crime
On May 1, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Gwangju District Court, etc. and completed the execution of the sentence at the Gwangju District Court on February 7, 2015.
From the end of November 2016 to January 201, 2017, the Defendant, as a business employee of the victim D Co., Ltd. located in Gwangju Northern-gu, engaged in the conclusion of the contract to install urban gas of the victim company.
On December 2, 2016, the Defendant entered into an urban gas installation contract with the above F and the total construction amount of 3.7 million won as the business employee of the victim company, and entered into an urban gas installation contract with F and kept in custody for the victim company for the purpose of the victim company. At around that time, the Defendant used the Internet game machine purchase, etc. in mind at the cost of Gwangju city around that time.
From around that time to January 2017, the Defendant entered into a contract to install urban gas on a total of 49 occasions at the Gwangju Metropolitan City and the Namyang-gun, etc., and consumed 1,8430,00 won in total of the down payment, which was kept on behalf of the victim company, at the time of the intermediate payment No. 15 times in the end of January 9, 2017, “1.7” and “1.7” in the end payment No. 16 times in the end of January 7, 2017, respectively) with “1,843,00 won,” as indicated in the list of crimes in the attached Form (i.e., the intermediate payment No. 15 times in the end of January 9, 2017).
Accordingly, the defendant embezzled the property of the victim while on duty.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of the accused by the prosecution (one time to three times);
1. Statement made by the police with H;
1. Each investigation report (the attachment of account transfer details, details of transaction of passbook No. 3 in the name of the suspect, submission of H data by the complainants, and change of amount No. 20 in the list of existing crimes) and attached document of deposit transaction, and an area contract which is impossible to install urban gas.