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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. From July 5, 2013 to March 15, 2019, the Defendant served as a business member of the victim “C limited partnership company” located in the Gyeongbuk-gun B and engaged in the business of selling alcohol and receiving money from the said company.
Around October 2017, the Defendant collected KRW 3,00,000 from “E” restaurant located in Gumi-si, Gumi-si, and was in custody for the victim. Around that time, the Defendant consumed the amount of KRW 68,808,00 for personal purposes, such as entertainment expenses and living expenses, according to the mind at the Gumi-si, and used the amount of KRW 116,00,00 for personal purposes from the clients of the victim from March 2019, as shown in the list of crimes (1).
Accordingly, the defendant embezzled the victim's property.
2. On July 2017, the Defendant in breach of trust: (a) at a cafeteria operated by the victim G in Daegu achieved Group F in a transaction relationship with the said “C Limited Partnership Company”, the duty was incurred to obtain a liquor payment settlement card from the victim and use the said card only for the purpose of settling liquor payments in the said restaurant.
Nevertheless, the Defendant in breach of the foregoing duty, in paying the amount equivalent to KRW 11,00 as if the victim had been supplied with alcoholic beverages on May 7, 2018 by the “J” located in Daegu Northern-gu I, Daegu-gu, and received alcoholic beverages equivalent to the same amount and sold it to other companies and received the payment in cash. From that time to January 22, 2019, the Defendant acquired financial benefits equivalent to the same amount and caused property damage equivalent to the same amount to the victim by falsely settling KRW 9,84,700 on two occasions, as shown in the List of Offenses (2) from that time to January 22, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of K, G, or L;
1. The facts of embezzlement, each of M, N,O, P, Q, R, R, T, u, M, X, Y, Z, AA, AB, AC, AD, AE, AF, AF, AH, AI, AJ, AK, AK, AM, N, AP, AP, AP, Q, AS, ATS, ATS, AU, AV, AW, AY, AY, AY, and Z Preparation.