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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a victim D in Pyeongtaek-si from August 2012 to February 2013, 2013, who worked as a tank driver at the “F gas station” in the joint operation of Pyeongtaek-si and the victim E, and was engaged in duties, such as oil delivery, sale, etc.
On the other hand, the victims did not reside in the oil station and reported on the necessary matters in an irregular manner, and operated the oil station in a way of ex post facto consultation with the business-related documents.
Therefore, the defendant had a mind to deduct oil from his/her own profits by manipulating documents using a gap in the management of the victims, and to make his/her own profits from disposing of oil.
Accordingly, around August 26, 2012, the Defendant stated “357 liter” of the “Tank Daily Sales Day” as “357 liters” on August 26, 2012, and disposed of at will in an irregular manner by reducing the market price of KRW 1,700,000,000 from the rest of the transit. In short, the Defendant arbitrarily disposed of the said vehicle in an irregular manner by reducing the market price of KRW 1,70,000,00 from the remainder of the transit.
In addition, from around that time to January 22, 2013, the Defendant, like the list of crimes in the annexed sheet, embezzled the total market value of 31,854,600 won, which was in the occupational custody of victims, through the above methods, and embezzled it by arbitrarily disposing of 18,738 liters.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect against H, I, and J;
1. Statement made to the prosecution of D, E, and K;
1. Each police statement made to D, L, M, N, and I;
1. Written confirmations of J,O, P, H, L, and Q;
1. Records of seizure and the list of seizure;
1. Each investigation report (the specification of the amount of damage, the attachment report, such as a copy of the oil trade account book, accompanying materials for submitting victims E), the current status of monthly damage, and the detailed statement on sales account;