Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On April 25, 2012, the Defendant, in a case where: (a) at a D cafeteria located in Guri-si, Guri-si; (b) the victim E, F, etc. as a fraternity; and (c) the victim E, F, etc. were paid in a total of KRW 1 million per unit around 25th of each month; and (d) received the fraternity, the Defendant organized the “numberbook” by means of receiving the fraternity in the sequence set by the 1300,000 won each month from the following month.
On August 25, 2013, the Defendant had a duty to pay KRW 20,350,000 to the victim determined to receive KRW 20,355,00 from the members of the above number fraternity as a deposit on the same day, when the Defendant received KRW 2,035,00 from the members of the above number fraternity.
However, the Defendant, in violation of his duties, consumed the above money for personal purposes, such as living expenses, etc. around that time, thereby acquiring property benefits equivalent to KRW 20,350,00 and causing property damage equivalent to the same amount to the victim.
2. On July 11, 2013, the Defendant embezzled the Defendant’s embezzlement by arbitrarily consuming it for personal use around that time while working for the victim G in the Guri market located in Siri-si, Siri-si, and delivering 10 million won from the victim to F.
Summary of Evidence
1. Defendant's legal statement;
1. The second police interrogation protocol against the accused (including each statement of F, E, and H);
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes, such as a detailed statement of transactions in each passbook, details of deposits in money, list of members of the fraternity, and list of transactions of ordinary deposits;
1. Relevant Articles 355(2) and (1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime
1. Of concurrent offenders, the reasons for the sentencing of Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act and Article 1 (the point of embezzlement) [the decision of types] types 1 (the amount less than 100 million won) [the decision of the recommending area] basic area / [the scope of recommending area] 4 months from April to April 1.