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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 4, 2007 to April 30, 2012, the Defendant has been engaged in the sales and collection of drugs as business employees of the victim B-listed corporation.
The defendant did not deposit the drug proceeds in custody with the victim by using the fact that the accounting management of the victim company is vulnerable, but did not pay them to the victim for his own personal use.
From November 29, 2008 to February 29, 2012, the Defendant collected 70,500,000 won from Gwangju Nam-gu Co., Ltd., and used 13,60,000 won for the purpose of living expenses, etc. without depositing the above amount to the company while keeping it in business for the victim.
From around that time to April 2012, the Defendant embezzled an amount equivalent to KRW 47,937,266 as shown in the annexed crime list by arbitrarily using the same as the list of crimes committed by the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The written transfer and takeover;
1. Application of Acts and subordinate statutes to the verification of omission of deposit;
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. Article 62 (1) of the Criminal Act (i.e., the initial crime and the victim does not want the punishment);
1. Article 62-2 (1) of the Criminal Act regarding community service order;