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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On January 16, 2017, the Defendant would have the victim E purchase 30,000 square meters out of the F land in the Daegu-gu Seoul-gu Seoul-gu Seoul-si Office for the settlement of disputes, and would have the victim E purchase 30,000 square meters from the purchase price, and the same year.
1. 5,130,000 won was received;
The Defendant embezzled the total sum of KRW 5,733,00 for the victim on February 10, 2017, when he/she had been in custody for the victim, using the company’s operating funds, etc. in mind.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police for E;
1. Land transaction contract;
1. Application of Acts and subordinate statutes governing receipt of cash custody;
1. The relevant legal provisions on criminal facts and the reasons for the sentencing of Article 356 and Article 355(1) of the Criminal Act (the choice of imprisonment) [type determination] Type 1 (the amount below KRW 100 million) [Determination in the sphere of recommendation] basic area [the scope of recommendation] from April to January 4 [the scope of recommendation] - Where an aggravated element is an embezzlement [whether suspension of execution is suspension of execution] - Major reasons for special consideration] - Partial recovery of damage (affirmative: Decision of sentence] 5 months (decision of positive damage)] by imprisonment (decision of sentence in consideration of important circumstances in which 27950,000 won has been recovered from the amount of damage)