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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
The Defendant is a business employee who sold functional health foods from “AF” operated by the Victim AE from around December 2, 2013 to April 27, 2014.
1. The fraud Defendant: (a) had the victim, who was a health functional food, sold any goods that was not actually sold while carrying on the business of selling bees, applied for the delivery to deliver the goods to the victim’s domicile; and (b) had the victim acquire the goods by collecting them; (c) on January 14, 2014, the Daejeon-gu Office of “AF” in the Daejeon-gu Daejeon-gu, Daejeon-gu; and (d) did not sell the goods to the other person, despite the fact that the other person sold the goods, the Defendant sold the goods to the U residing in the Seo-gu, Daejeon-gu, Daejeon-gu, for 1,188,000 won; and (c) had the victim obtain the goods to deliver the goods to the said address, and then acquired the goods from the victim through the victim’s 12 boxes and then acquired the goods to the victim’s 40-day seller from the victim’s 40-day seller to February 19, 2014.
2. Occupational embezzlement;
A. On December 6, 2013, the Defendant: (a) sold Abee 4 gambling and received a payment of KRW 396,000 from Abee 4 gambling to an AI residing in considerable Gu, Cheongju-si; (b) and (c) embezzled voluntarily consumed by living expenses, etc. around that time while being kept in custody for the victim.
B. On March 9, 2014, the Defendant: (a) sold AK residing in the AJ of Singu, Singu, with the amount equivalent to KRW 12 gamblings 1,188,000; and (b) deposited money in the custody for the victim; and (c) embezzled the money voluntarily for living expenses, etc. around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to AE;
1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (the fraud point, the choice of imprisonment), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement and imprisonment).