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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On November 21, 2013, the Defendant was sentenced to one year of imprisonment for occupational embezzlement, etc. at the Ulsan District Court, and the judgment became final and conclusive on the 29th of the same month.
1. On March 21, 2012, the Defendant, in collusion with C, presented as if he had a right to use the e-mail card of an enterprise bank held by F while purchasing tobacco and cans and coffee at the E-mail located in Busan B, Busan, on March 21, 2012, and had employees pay 3,100 won of the e-mail card, thereby having employees pay 3,100 won of the e-mail.
2. At around 22:19 on the same day, the Defendant, in collusion with C, withdrawn 490,000 won using the victim F’s corporate bank check at the cash payment season at the corporate bank East-dong, Busan, F, and subsequently stolen the same day.
3. Around 20:00 on April 18, 2012, the Defendant: (a) worked as delivery employee at the first week in the operation of the victim H, the Busan Jin-gu G, 107 Dong 103, as a delivery employee; (b) was delegated by the victim; (c) was in the custody of the victim for the sake of the victim; and (d) was in the custody of the victim for the sake of the victim, the Defendant embezzled the amount of KRW 83,000,000 at will around that time.
Summary of Evidence
1. Legal statement of witness F;
1. Statement of the police statement concerning F;
1. Each report on investigation;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;
1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 329 of the Criminal Act, Article 30 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, and the choice of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;