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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From November 11, 2013 to August 12, 2016, the Defendant served as an employee in charge of accounting of the victim E firm operated by D in Daegu-gu, Daegu-si, as an employee in charge of accounting of the victim E firm operated by D, while engaging in the business of receiving money from customers and executing the fund of the partnership corporation, and had the corporation keep the funds for the partnership corporation in the course of business, and had the said corporation use the funds for its own cost of living, etc.
Around December 2013, the Defendant: (a) stated KRW 43,762,531 on December 12, 2013 as KRW 43,762,531; (b) stated the difference in KRW 30,000,000 as KRW 328,532,531; and (c) voluntarily consumed living expenses around that time; (d) stated the difference in the books of account from December 2, 2013 to August 2016; and (e) embezzled KRW 89,68,600 in total on 33 occasions through the method of acquiring the difference; and (e) embezzled KRW 380,00 from the F restaurant, which is a customer, at the same place of business around February 8, 2014, deposited KRW 328,00 in the books of account; and (e) stored some of the difference in the amount of KRW 52,500 in the books of account at his discretion until 2016.48
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to D;
1. A complaint, a copy of each E book, and the president of a customer;
1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional data by a complainant), investigation report (Submission of the details of entry and withdrawal of a corporation which is a complainant), investigation report (Contact with companies, such asG), investigation report (Submission of representative director D, and data on the amount of embezzlement of entries in A book);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;