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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, from January 1, 2009 to August 10, 2012, was a D’s accounting member operated by the victim C in Fapo-si B, and was engaged in the collection and accounting of the above agency’s milk.
On October 1, 2009, the Defendant received 62,250 won of milk from customer E in the account of the Defendant, not the account in the name of the victim, and used it for the victim’s personal purpose, such as living expenses, around that time.
In addition, from October 1, 2009 to August 9, 2012, the Defendant embezzled the total sum of KRW 47,767,475, which was deposited by the Defendant in the Defendant’s account from customers at a total of 999 times, as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. - Statement of transactions in the account of agricultural cooperatives under suspect name;
1. - Application of the Acts and subordinate statutes governing the monthly interest list.
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crimes: Type 1 (less than KRW 100,000) for embezzlement and misappropriation;
2. Determination of the scope of sentence: Reduction area, between 10 and 10 months (a person who is subject to special mitigation: A person not subject to punishment);
3. Determination of sentencing and suspension of execution are determined within the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the victim does not want the punishment of the accused, the accused does not have any previous conviction, the age, character and conduct, family relationship, etc. of the accused, and the sentence will be suspended.