A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to one year of imprisonment for embezzlement and two years of suspended execution at the Seoul Eastern District Court, and the said judgment became final and conclusive on May 24, 2013, and on December 11, 2013, the Defendant was sentenced to eight months of imprisonment for occupational embezzlement and became final and conclusive on September 4, 2014 by the same court.

Since 194, the Defendant was serving as B employee for about 18 years since the end of 2012, and thereafter did not have any authority or responsibility with respect to B membership, and even if the Defendant was issued with the victim C a certificate of contact membership and a certificate of seal impression, the Defendant considered that he had the right to sell the above container membership to others and had the price.

Nevertheless, on March 27, 2013, the Defendant, at the residence located in Gangdong-gu Seoul Metropolitan Government on March 27, 2013, made a false statement to the victim C, stating that “All the registered members shall be replaced by a company policy with a bearer member, and there is a lot of benefit from such change.” The Defendant received from the victim a letter of B membership and a certificate of personal seal impression equivalent to KRW 24.7 million.

After all, the defendant deceivings the victim as above and acquired the property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Contents of text messages, printed materials, and copies of borrowed certificates;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (attached to a judgment), and application of statutes on the search of net cases;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. 경합범처리 형법 제37조 후단, 제39조 제1항 양형이유 o 법률상 처단형의 범위 : 징역 10년 이하 o 양형기준상 권고형의 범위 : 징역 6월 ∽ 1년 6월 [사기범죄군, 일반사기, 제1유형(1억 원 미만), 기본영역] o 선고형의 결정 판시 전과 기재 각 범행으로 재판을 받고...