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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On September 2, 2016, the Defendant: (a) directed its members’ movements and manages its members who wish to receive personal training; (b) received KRW 500,000 from O, a member of the above health center, into the bank account of the Defendant’s name; and (c) arbitrarily used KRW 350,00,000 for the purchase cost of health supplies, such as short-day supplementary agents, and non-resident, for the victim, KRW 70,000,00 for personal debt expenses, and KRW 80,000 for daily expenses, from that time to November 8, 2016, the Defendant received KRW 5,718,700 in total from the above health center members for personal training expenses, and embezzled them by using them for personal training expenses.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against M;
1. Detailed descriptions of P,O, Q, and R preparation;
1. Inquiry of transaction details, each transfer confirmation document, a copy of passbook, N labor contract, details of deposit and withdrawal transactions, and application of Acts and subordinate statutes governing deposit transaction records;
1. According to the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the following circumstances for sentencing (the choice of imprisonment), and other records, including the defendant's age, occupation, sex, environment, motive, means and result of the crime, and the circumstances after the crime, and the various conditions of sentencing as shown in the argument of the case, shall be comprehensively determined as ordered.
Until the transfer of a case is judged on a separate basis, there is no record of criminal punishment in addition to the two-time suspension of indictment due to a crime committed on a separate basis: The fact that the damage has not been recovered until now.