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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person operating C in Jincheon-gun B, Jincheon-gun, and the victim D is a person who leases the refined meat and fishery cocop to the defendant within the aforesaid Mt.
When the Defendant purchased Maart’s products from the refined land and fishery copon operated by the Defendant and paid the price in the calculation unit of Maart, he/she kept the price in custody, but 10% of the total sales on every Saturday and fishery copon rent shall be appropriated by the Defendant, and the remainder of 90% was refunded to the victim.
The defendant from April 25, 2016 to the same year.
5. From around 30.30., while keeping the total sales amount of KRW 13,09,890 to be paid to the victim as shown in the annexed sheet of crime, all of the Defendant’s personal use, such as purchase price of marina goods, was arbitrarily consumed.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a complaint, lease agreement, and sales status;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Consideration of protection and observation, and the imposition of punishment under Article 62-2 of the Social Service Order Act, including a number of criminal records, such as imprisonment with prison labor for a crime committed six times, pening a crime, and partial recovery of damage by offsetting the victim’s fee obligation to pay to the defendant or by seizing a tangible movable. Consideration, such as the fact that the defendant pays one million won each month to the victim.