Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From December 20, 2011, the Defendant entered into a contract with SDR Co., Ltd. and a sales agent contract for goods (if the Defendant sells goods and forwards the full sales proceeds to the victim, 17% of them shall be paid as commission) and has been engaged in the sales and collection of goods of the said company.
On March 23, 2013, according to the above contract, the Defendant: (a) led customers to settle cash at D department stores 1st floor E store in Chuncheon-si; (b) ordered them to sell verbally to customers; (c) ordered them to pay KRW 219,600; and (d) sold 341 square meters on the same method at the above store until early police officer on January 2014; and (c) sold approximately KRW 85,373,600 in the same manner at the above store; and (d) used the said money for personal purposes, such as living expenses, at around around that time, while keeping it for the said company, the Defendant arbitrarily consumed the said money for personal purposes.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A G manual;
1. A complaint;
1. Details of the accounts of the new bank;
1. Details of the agricultural bank account;
1. Each sales day;
1. The inventory inspection table for three months; and
1. Results of inventory inspections of each D department store;
1. The report on the result of the inventory examination of Chuncheon;
1. Current status of inventory inspection of the Chuncheon store;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to sales details of D office stores);
1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment, comprehensively, the reason [decision of type] for sentencing of imprisonment for the selection of punishment [decision of the recommended area] [decision of the recommended area] Basic field / [ extent of the recommendation area] April-1 year and four months / [whether or not the suspended sentence is suspended] - The main reason for the suspension of execution - negative agreement - negative concurrent crimes - general participation reasons: there is no positive or higher criminal records (decision of sentence] / there is no positive or higher criminal records for the crime of this case, and there is no history of criminal punishment heavier than the same criminal records and fines.