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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The Defendant, from August 26, 2013 to March 31, 2017, worked as the head of the business division of the victim C Co., Ltd. located in Gancheon-gun B and was engaged in the sales and collection of ready-mixeds of the said company.
On August 32, 2015, the Defendant collected KRW 6,230,500 from the (ju) E in Y located in Yancheon-gun, Chungcheongnamcheon-gun, and used KRW 144,467,00,00 in total, which was kept in custody for the victim company, for personal purposes, such as the Defendant’s gambling fund and living expenses, at that time, and used the Defendant’s gambling fund and living expenses, etc. for the victim company. From that time to February 16, 2017, the Defendant collected 16 times in the same way as indicated in the separate crime list, and used 16 times in mind.
As a result, the defendant embezzled the property of the victim who was in custody on duty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. A president of the F;
1. Each statement of transactions by banks;
1. Application of Acts and subordinate statutes of the president;
1. The grounds for sentencing choice of imprisonment with prison labor, comprehensively, by relevant Article of the Criminal Act and Articles 356 and 355 (1) and 355 (1) of the Criminal Act;
1. Scope of punishment by law: One month to ten years;
2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) [the type of embezzlement and breach of trust] shall be embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the specially raised persons] [the scope of the recommended area and the recommended punishment], the basic area of the recommendation, and one to three years of imprisonment.
3. Determination of sentence: Imprisonment with prison labor for a year and six months, the Defendant embezzled money exceeding KRW 140 million for a long time when he/she is in charge of the business of collecting money from the company and raised money with gambling funds, etc.
Although the Defendant was aware of embezzlement in the course of committing the crime and was given an opportunity to do so only once from the victim, the nature of the crime is not very good.
Although time was granted for the recovery of damage, the damage of this case has not been recovered.