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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
At around 1:30 on August 6, 2014, the Defendant knew that there is a need for another person’s passbook, and, at the E Convenience store located in Incheon Nam-gu, Incheon Metropolitan City D, allowed C to use the Defendant’s new passbook (F) in the name of the suspect together with the victim, and opened up the cock card and security card (UTP) necessary for the use of the passbook.
At around 6:48 on August 24, 2014, the Defendant kept the money deposited in the said new bank account for the victim, and transferred KRW 35,000,000, out of KRW 36,850,000, out of KRW 36,850,000, out of the money deposited in the cash account at the location of the new bank drawing bank located in Nam-gu Incheon, Nam-gu, Incheon, as movable property, to 13 times in total, and consumed the money deposited in the said new bank account for personal use, such as living expenses.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement No. B
1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;
1. The scope of punishment by law: Imprisonment for not more than five years;
2. Application of the sentencing criteria (determination of type), embezzlement and breach of trust, the absence of type 1 (less than KRW 100 million) (the scope of recommendations), the basic area of punishment, April 1 and April 1.
3. Determination of sentence: A punishment shall not be avoided in light of the fact that the defendant in five months of imprisonment recognized the crime, but the amount of damage is not so much, and the damage was not completely recovered even though the defendant had paid considerable time for the repayment of damage.
In addition, the contents and circumstances of the instant crime, the Defendant’s age, character and conduct, occupation, and circumstances after the instant crime were comprehensively considered, and the sentence was determined as ordered.