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A defendant shall be punished by imprisonment for one month.
Reasons
Punishment of the crime
[Criminal Power] On March 27, 2013, the Defendant was sentenced to four years of imprisonment for an injury by robbery at the Gwangju District Court and appealed, and is still pending in the appellate trial (Seoul High Court 2013No182).
【Criminal Facts】
On July 30, 2012, from around 21:00 to 09:00 of the same month, the Defendant was engaged in food delivery and collection in D restaurants in Gwangju Dong-gu, operated by the victim B.
On July 31, 2012, the Defendant, at around 09:00, embezzled 453,000 won, including the total amount of 433,000 won and 20,000 won, which the Defendant received from the victim, for the victim, to deliver to the customers the urban village sold by the victim up to the time, and to use it as a scam money, without depositing to the victim, and arbitrarily used it for the Defendant’s home tax and living expenses.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to a place of business;
1. The reason for sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Article 356 and Article 355(1) of the Criminal Act on the selection of punishment has embezzled the sales proceeds, etc. of the victim when the defendant delivered food and received money from an urban community restaurant, and has not yet been recovered from damage up to now, the crime quality of the defendant is not somewhat weak, but the defendant is divided into and against his mistake, and the amount embezzled by the defendant is at least 453,00 won. The amount of the defendant's embezzlement is at least 453,00 won. The defendant was already sentenced to a four-year imprisonment at the first instance court for the crime of robbery, which is still pending in the appellate trial, and thus, the defendant must take into account the sentence and equity when he was sentenced to a single sentence on all the crime of this case and the crime of injury by robbery, motive, means and result of the crime of this case, the age, character and behavior of the defendant, family environment, etc.