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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From the end of January 2017, the Defendant had been engaged in the F F emblem E’s temporary operator of “F emblem E” operated by the victim E in Busan Seo-gu D and the third floor. The Defendant was engaged in the F emblem publicity, the preparation of a plan for the design of the interior works, and the display of the F emblem E.
1. After transferring funds to the Defendant’s name, the Defendant voluntarily consumed KRW 51,179,092 in total 188 times from February 1, 2017 to May 17, 2017, by transferring the funds deposited in the Saemaul Treasury Account (G) account in the name of the victim from the said account to the Busan Bank Account (I) account in the name of the Defendant’s name, using the said account’s passbook and the check card, and then arbitrarily consumed the funds from the said account to the Busan Bank Account in the name of the Defendant’s name.
2. Around April 10, 2017, the Defendant voluntarily consumed KRW 6,486,688 on a total of 16 occasions, including the use of KRW 157,081 as vehicle oil for the victim, while he/she was in the custody of funds deposited in the above Saemaul Treasury account under the name of the victim on his/her account in Busan, on his/her name, around April 10, 2017.
As a result, the Defendant embezzled 57,665,780 won in total over 204.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and J;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant legal provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;
1. Type 1 (less than KRW 100,00) of the basic area (from April to January 1) of the scope of the recommended punishment according to the sentencing criteria; and
2. Whether to suspend the execution;