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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
During the period from November 17, 2014 to December 12, 2014, the Defendant is a person who has worked as an employee in the skin of the trade name “D” as “D” operated by the injured party B from November 17, 2014 to December 12, 2014.
1. There are pre-paid and post-paid payment methods for occupational embezzlement, and the pre-paid payment shall reduce an amount equivalent to 20% of the post-paid payment charges;
On November 28, 2014, the Defendant embezzled KRW 23,900 in total at 44 times from around that time to December 12, 2014, as indicated in the attached Table 1, in total, 204, a sum of KRW 23,900 in the same manner as indicated in the annexed Table 44 times, including: (a) the Defendant received a fee of KRW 5,00 using 5 hours in the time-to-day bank by customer E using the time-to-day bank by means of post-payment system; and (b) the management program was modified to deposit KRW 4,000 by changing the management program; and (c) the difference of KRW 1,00 in the course of business
2. Around December 2, 2014, the Defendant acquired the same amount of financial benefits by entering an unlawful order and allowing the data processing in a way that does not pay usage fees of 600 won by allowing a computer installed at the same time to use the said room outside of work, even though he/she is obliged to impose usage fees of 1,000 won when using the said room. However, the Defendant acquired financial benefits equivalent to the same amount of 2,800 won in total from around that time to December 12, 2014 by not paying usage fees of 600 won.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (related to submission of materials by a complainant);
1. Application of the Acts and subordinate statutes on CDs and embezzled data;
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) of the choice of criminal facts, and the Criminal Act;