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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
From March 2012, the Defendant has been engaged in the night-time business of E convenience stores in Jung-gu Seoul Metropolitan Government, which are operated by Victim C from March 2012.
1. Occupational embezzlement;
A. On February 11, 2013, from around 08:00 to around 08:33 of the same day, the Defendant arbitrarily printed out eight copies of the lottery tickets equivalent to KRW 800,000 in the above lottery sales machine, while he kept the lottery tickets to sell to customers at the above convenience store for business purposes.
From around that time to February 14, 2013, the Defendant arbitrarily printed out the lottery amounting to KRW 7,537,600 in total by the same method four times as shown in the attached list of crimes.
B. At around 09:00 on February 15, 2013, the Defendant arbitrarily consumed KRW 417,790 in cash, which was sold at the above convenience store, while being kept in custody for the victim for business purposes.
Accordingly, the defendant embezzled the victim's property.
2. On February 11, 2013, at the above convenience store, the Defendant made a false statement to the F, a part-time employee of Abrate, stating that “Abag’s punishment has been stipulated as a lottery ticket receipt. Cash will work at the night today’s night.”
However, there was no intention or ability to provide cash.
The defendant had obtained permission from F, and then printed out 100,000 3,800 , which is the victim's market price of KRW 540,00,00.
Accordingly, the defendant was given property by deceiving F, who is an employee of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of the Acts and subordinate statutes governing earth and sand categories, ctv video photographs, cash settlement table, lottery photography photographs;
1. Articles 356, 355 (1), and 347 (1) of the Criminal Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;