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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is a business employee of E operated by the victim D in Incheon Jung-gu from August 27, 2013 to September 2013, and has been engaged in the recruitment of mobile phone sales stores and mobile phone delivery services.
On August 30, 2013, the Defendant received one mobile phone LG-F180K from the victim as a sales store and embezzled it by arbitrarily disposing of it to the victim on September 30, 2013 and then disposing of it from September 21, 2013 to September 30, 2013, and embezzled 16 mobile phone terminals worth KRW 14,220,80 of the market price received from the victim as described in the separate crime list between September 21, 2013 and September 30, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the prosecution concerning D;
1. Application of Acts and subordinate statutes to a report on investigation (report on attachment of goods, such as mobile phones shipped out by a suspect);
1. In light of the pertinent legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act’s applicable method and content of sentencing of the crime of this case for sentencing of the crime of this case (in general, choice of imprisonment), the nature of the crime is not good, no effort is made to recover damage, the defendant’s sentence is inevitable in light of the following: (a) the defendant’s failure to comply with a request to appear at an investigative agency due to escape during an investigation; (b) the defendant’s failure to comply with a request to appear at the investigative agency; and (c) the defendant is absent at the fixed date even after the institution of prosecution
However, in full view of the various circumstances, such as the confession and reflectness of the defendant, the age, character, conduct and environment of the defendant, the process and motive leading to the crime of this case, and the circumstances before and after the crime, etc., the sentence shall be imposed as ordered by the court.