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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 20, 2014, the Defendant was sentenced to the suspension of ten months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's Incheon Branch on February 20, 2014, and the judgment became final and conclusive on February 28, 2014. On September 4, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) in the Incheon District Court's Incheon Branch on September 12, 2015.
The Defendant, from April 1, 2010, has been engaged in the delivery and collection of the victimized party’s home delivery as the E branch office of the victim “Maro Mag Geng” located in Asan City as the victim’s E branch.
On April 1, 2010, the Defendant deposited KRW 50,000 out of KRW 64,00,00, such as delivery expenses to be deposited to the victim, and embezzled KRW 82,968,00 in total by the above means during the period from around that time to June 30, 201 as indicated in the attached list of crimes, while he was in custody for the victim for personal purposes, such as living expenses, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to F in the police statement protocol;
1. The process deed and the amount of embezzlement, each copy, and each copy;
1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A), text of judgment, and text of judgment (A), such as criminal history, to a reply to inquiry;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);
1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Article 39(1) [Attachment to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for which a judgment has become final and conclusive, the Defendant was sentenced on September 4, 2015 to four months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Incheon District Court's Support on September 12, 2015, but the said judgment became final and conclusive on September 12, 2015, while the date and time of the crime was on May 19, 2015.