A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 21, 2011, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Seoul Northern District Court, and was released on September 28, 2012, and the remaining term of imprisonment was expired on October 5, 2012.

From March 2, 2015 to October 28, 2015, the Defendant, as an employee of the food wholesaler “E” operated by the victim C from March 2, 2015 to October 28, 2015, was engaged in the business of managing customers and collecting money from the said company.

On May 14, 2015, the Defendant sold the above foodstuffs to “G” located in Nowon-gu in Seoul Special Metropolitan City on the same day for the purpose of disposing of the said foodstuffs and using the said foodstuffs for personal use, such as living expenses, while the market price of the said “E”, which was released from the warehouse of the said “E,” for the supply to the Customer.

From around that time to October 28, 2015, the Defendant sold goods owned by the victim in total amounting to KRW 123,948,266 through the same method 110 times at the seat of the city in Seoul, such as the list of crimes in the attached Form.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of each police suspect interrogation protocol against the accused (including C of the fourth suspect interrogation protocol);

1. Each statement in the complaint, the details of passbook transactions, the current status of purchase by transaction date, each statement of account transactions, the ledger of transaction partners, the statement of transaction partners, the statement of transaction partners, the statement of transaction partners, and the investigation report (the specific amount of embezzlement and the list of crimes);

1. Previous records of judgment: Application of each of the Acts and subordinate statutes stated in inquiry reports and investigation reports (report on confirmation of the same kind of suspect records);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The defendant's assertion under Article 35 of the Criminal Act among repeated crimes is determined.