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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
피고인은 피해자 C, 피해자 D와 함께 2013. 5. 28.경부터 양주시 E에 있는 103호 창고에서 재고원단 유통업(일명 ‘땡처리업’)을 하며 자금관리 업무에 종사하여 왔다.
Around June 3, 2013, the Defendant sold the inventory board of KRW 4,360,000 to F in cash from the warehouse and kept the proceeds in cash. At that time, the Defendant consumed the proceeds in mind without adjusting the distribution of profits and losses according to the ratio of shares with the victims.
In addition, from June 3, 2013 to September 10, 2013, the Defendant consumed the sales proceeds of KRW 66,560,350,00 in total on 56 occasions, as shown in the list of crimes, in the form of a total of 56,560,350, as shown in the list of crimes.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to cash withdrawal and payment, current status by customer, current status by customer, short-term loans and short-term loans, copy of the C head, and copy of the G head;
1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the choice of criminal punishment, reasons for sentencing of imprisonment [decision of type] [decision of the sentencing of imprisonment] / [decision of the sentencing area] Basic field / [Scope of Recommendation] from April to April 1] in the case of embezzlement / [the scope of punishment general person] in the case of embezzlement / [the scope of punishment] from January to 10 years [the scope of punishment] in the case of embezzlement / The main reasons for the suspension of execution] - The main reasons for the suspension of execution of sentence - The main reasons for the suspension of execution of sentence - The main reasons for the suspension of execution of sentence : The negative agreement - The main reasons for the suspension of execution of sentence : [The comparison of the punishment of sentence and recommendation : April to April 14 [decision of the sentence] in the Act from January to June 6].
The favorable circumstances: reflects on one’s mistake, the absence of the same kind of crime, and deposit KRW 5 million to the victim C for the recovery of damage, and the relationship with the victims, and the instant case.