beta
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, from February 2016 to October 2016, worked as a employee of the victim C Co., Ltd. of alcoholic beverage wholesalers located in Seoul Jung-gu, Seoul, and was engaged in the business of supplying alcoholic beverages and receiving prices for supply.
On February 12, 2016, the Defendant voluntarily consumed the amount of KRW 1,004,00 for the supply of alcoholic beverages from the “E” customer of the victim in Songpa-gu Seoul, Songpa-gu, for personal purposes, such as living expenses, around that time.
In addition, from February 12, 2016 to August 16, 2016, the Defendant voluntarily consumed the amount of KRW 31,773,400 from 26 business partners in total to 31,773,400 for the supply price of alcoholic beverages to the victim from 26 business partners in the attached list of crimes.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Embezzlement details, confirmation of the defendant, and application of Acts and subordinate statutes of written confirmation of transaction partners;
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;
3. The sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, etc., are determined as ordered in consideration of the fact that the amount of embezzlement and the amount of punishment to be sentenced is considerable but not recovered from damage; that the Defendant does not have any criminal records exceeding the same criminal records or fines; and that the Defendant