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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, from April 26, 201 to December 2012, 201, worked as a member in charge of the supply and business of freezing imported meat distribution companies, “E” in the operation of the victim D located in Busan Seo-gu, Busan, as the “E”, and has been engaged in the import meat sale and collection business.
On December 14, 2012, the Defendant collected KRW 2,027,040 from “G”, which is a business partner located in the Busan Dong-gu, Busan, as the sales proceeds of imported land, and embezzled the amount of KRW 2,027,040 as the sales proceeds of imported land for the said victim’s business, and was arbitrarily consumed as the Defendant’s living expenses, etc. around that time. From January 201 to December 29, 2012, the Defendant collected KRW 48,229,39 as the sales proceeds for a total of 34 times, as in the list of crimes, from January 2012 to December 29, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of statutes on a copy of transaction statement;
1. There is no person who is subject to special sentencing [Pronouncement of sentencing] in the basic area (4 months to 100 million won) (4 months to 100 million won) of the pertinent legal provisions on criminal facts, Articles 356, 355(1) of the Criminal Act (the point of occupational embezzlement), and Article 1 of the grounds for sentencing of imprisonment [the scope of recommended punishment] [the scope of punishment]. The sum of the amount of embezzlement of this case is considerably large; the defendant committed the crime continuously even if he received a letter from the injured party after the fact of embezzlement was discovered; the damage was not paid at all; the defendant intentionally failed to appear on the date of the trial of this case; the defendant did not appear on three occasions other than a fine; the defendant did not have any criminal record; the defendant did not appear on the date of the trial of this case; and all of the conditions of sentencing indicated in the records, such as age, character and conduct of the defendant