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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who served as a warden from October 15, 201 at the “E gas station” located in D when the victim C operates.
1. Around December 2011, the Defendant purchased oil 72,000 liters according to the order of the victim and stored them in the mutual in the oil storage place in Yangjuju, and then sold the oil of 52,000 liters to F in accordance with the order of the victim.
On March 2012, the Defendant: (a) sold the remaining oil remaining after selling it to a gas station with the intent to use it for personal living expenses, etc., while being entrusted to the oil storage facility as his/her duties for a victim with the storage of an amount equivalent to 32 million won at the market price; and (b) embezzled it.
2. On April 2012, the Defendant: (a) in the oil station, the Defendant arbitrarily sold 20,000 liters as in the preceding paragraph; and (b) in the absence of oil stored in the storage place, the Defendant fraudulently stated that “Notwithstanding the absence of oil stored in the storage place, the Defendant shall pay rent to the storage place because he/she left 20,000 liters; and (c) was issued a total of two million won of storage fees from the victim and acquired it by deception.
3. At around 20:00 on June 8, 2012, the Defendant: (a) deducted oil 2,000 literss stored in the oil station tank from the oil station to the oil station tank owned by the other Defendant’s company; (b) then again, around 22:00 on the same day, the Defendant sold oil 2,000 literss stored in the oil station tank of the said oil station using the oil tank belonging to the said oil station to take off the oil 2,00 literss stored in the oil station of the said station for personal purposes by taking advantage of the tank lock owned by the other Defendant’s company; and (c) sold them to the oil shop in two weeks for personal purposes.
Accordingly, the Defendant embezzled 40 million won oil owned by the victim while on duty for the victim (7.2 million won per market price).
Summary of Evidence
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