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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant shall attend the auction of livestock products conducted by the victim and sell the awarded goods to the purchaser, and pay the price to the victim within five days from the date of the successful bid in the D joint market located in Kimhae-si, the defendant shall pay the price to the purchaser.
“After entering into a trading agreement with the content of a medium-sized transaction, “The sales of livestock products, such as cattle, pigs, etc. slaughtered at a certain fee, to the purchaser at the successful bid, and engaged in the collection of the price thereof.
On January 5, 2013, when the Defendant had suffered economic difficulties due to excessive debts, the Defendant: (a) committed an act of selling livestock products from the purchaser to the purchaser with the intent of using the Defendant’s personal debt repayment, living expenses, etc.; (b) around January 5, 2013, at the aforementioned D Joint Wholesale Market, the Defendant voluntarily consumed KRW 200,000 of the said payments from the Defendant’s interest payment on the Defendant’s personal debt; (c) sold the said products to E by winning a successful bid from the purchaser; and (d) sold the said products to the purchaser for the victim; and (d) used the said money to pay interest on the Defendant’s personal debt at his own discretion at around that time from that time until March 5, 2016; and (e) embezzled KRW 198,497,596, among the funds kept for business purposes by selling them from the purchaser under the name of 10, such as the foregoing E, etc., more than eight times in total as indicated in the list of crimes.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with respect to F;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. The defense counsel asserts that the pertinent Article of the Criminal Act and Articles 356 and 355(1)(a) of the Criminal Act regarding criminal facts and the selection of punishment are unreasonable since there is no prosecutor’s specification of the date, time and place of consumption by the sequence of annexed crimes except for KRW 17.115,122,000,000,000,000,000 won, and KRW 9,1388,000,000,000,000 won.
Doctrine, 1.