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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 18, 2013, the Defendant was sentenced to one year of imprisonment for occupational embezzlement, etc. by the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on January 15, 2014.
From July 23, 2014, the Defendant, “E” operated by the victim D in Daegu-gu Jung-gu, has been engaged in the duties, such as food delivery, food charges, etc., while working as delivery service at the "E" restaurant operated by the victim D. D.
On July 25, 2014, the Defendant: (a) was in custody for a victim of a personal purpose, such as gambling fund; (b) was arbitrarily consumed KRW 500,000 in cash; and (c) embezzled the new card by failing to return it to F without returning it to F.
From August 7, 2014 to August 9, 2014, the Defendant was engaged in the duties, such as food delivery and delivery food receipt, while working as the delivery source at the “Icafeteria” located in the Daegu Suwon-gu H operated by the victim G from August 7, 2014.
On August 9, 2014, the Defendant voluntarily consumed the amount of KRW 548,00,00, total of KRW 508,000 and KRW 40,000, which was received from the victim for the exchange of money in a name-free manner, on behalf of the victim.
Accordingly, the Defendant embezzled KRW 548,00, which was kept on duty for the victim.
Summary of Evidence
"2014 Highest 4341"
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Protocol of seizure "2015 Godan1591";
1. Defendant's legal statement;
1. The police statement concerning G;
1. A copy of the delivery book "before before the market";
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the previous records of repeated crimes), judgment, investigation report ( current status of personal confinement and confinement), previous disposition, and report on the results of confirmation;
1. Relevant Articles of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning criminal facts;