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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
[Criminal Records] On January 16, 2009, the Defendant was sentenced to five months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on May 26, 2009 and completed the execution of the sentence at the Seoul Detention Center.
[2] The Defendant is a person who is working as the director in charge of the management of the victim D’s D operation from September 1, 201 to May 16, 2012 and was engaged in the management of the aforementioned E’s factory equipment and rent.
Defendant 1, who is the operator of the above E, had the intent to arbitrarily dispose of the machinery and apparatus in the above E plant and embezzled rent revenues by using rent revenues for personal purposes by advertising that the victim, from February 15, 2012 to May 22, 2012, was unable to work due to traffic accidents and undergo a surgery for traffic accidents.
1. From February 15, 2012 to May 16, 2012, the Defendant received at will the amount equivalent to KRW 13.5 million in the market value of the victim’s ownership installed in the above E, 13.5 million in total, 4 air conditioners and equipment equivalent to the total market value of KRW 15 million in total, 2 air conditioners and equipment equivalent to KRW 4.5 million in total, 1 air conditioners equivalent to the market value of KRW 4.5 million in total, 1 air conditioners equivalent to the market value of KRW 4.5 million in total, 50 million in total, 1 air conditioners equivalent to the market value of KRW 4.5 million in total, 5 million in market value, and 1,300,000 in market value, 1,300,000 won in the market value, and 3.5 million in the nearby property held by the Defendant.
2. The Defendant received KRW 8 million from F on March 28, 2012, and KRW 15 million, including KRW 7 million from F on May 10, 2012, from F, to the account in the name of Nonghyup (H) under the name of rent for E and embezzled the amount of KRW 15 million out of the above KRW 15 million among the above KRW 15 million at each time, for the victim’s occupational storage. In addition, the Defendant arbitrarily consumed the amount of KRW 10.4 million for personal purposes, such as living expenses, from the G in the first time of harmony.
Summary of Evidence
1.