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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
On October 5, 2019, the Defendant, at around 14:01, embezzled the Defendant’s thought that he had, without following necessary procedures, he had the following: (a) obtained cash 2 million won, cosmetics, NH physical cards, etc. owned by the victim D (W) in front of the C convenience store located in Gangnam-gu Seoul Metropolitan Government, and returned it to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A report on the occurrence of a crime (Embezzlement of occupied objects) or a report on the internal investigation (related to the field placement);
1. Reports (related to the tracking of CCTVs before committing a crime), CCTV photographs, and receipts;
1. Application of Acts and subordinate statutes concerning investigation reports;
1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant asserts that the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is not KRW 2 million, but KRW 1.63 thousand, not KRW 1.63 million.
In full view of the following circumstances acknowledged by the evidence adopted and examined by this court, namely, the victim consistently states that there was a sum of KRW 50,000,000 in cash 40,000 within the bank brought by the Defendant, and the victim cannot find any special motive or reason to make a false statement by excessively unafusing the amount of cash in the bank, it can be recognized that there was two million won in cash within the bank at the time when the Defendant brought the bank owned by the victim. As such, the above argument by the Defendant is difficult to accept.
The defendant's crime of sentencing reasons is not easy in light of the circumstances, contents, etc., and the victim's damage has not been recovered.
However, most of the defendants committed crimes, and reflect their mistakes, and have no record of being punished for the same kind of crime.
The above circumstances and the defendant.