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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From January 9, 2015, the Defendant: (a) from around January 9, 2015, he worked as the principal agent for agricultural products purchase in the “D Et” operated by the victim (State) B located in Nam-gu, Incheon; (b) purchased agricultural products from customers, such as the village market, the strong market, and the strong market; and (c) received the payment from the victim company, and paid it to the said customer.
Around May 1, 2015, the Defendant: (a) received an agricultural product purchase price of KRW 6,484,00 from the victim company for daily distribution, and kept in custody for business purposes; (b) around that time, he/she arbitrarily deposited the said agricultural product into the national bank account in the name of the Defendant; and (c) used it for purchasing sports soil; and (d) embezzled KRW 40,08,500 in total of the agricultural product price from September 7, 2015 to September 7, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol by the police for E;
1. Application of Acts and subordinate statutes to written complaint and written confirmation;
1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act for the choice of criminal facts;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (less than 100 million won) and the basic area (from April to January 1) (no person subject to special sentencing];
2. Determination of the sentence: (a) the amount of embezzlement is significant; (b) the recovery of damage was completed or no agreement was agreed with the victim; and (c) the escape was committed without being present on the date of declaration; (c) the commission of the crime was committed; and (d) the commission of the same crime was committed; and (c) the commission of having no record of being punished for the same kind of crime was considered as favorable circumstances; and (d) the sentence