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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who, from June 21, 201 to October 23, 2012, works as an employee at the “Curel” located in Busan Metropolitan Government B, and is engaged in the work of substitute room and collection of money for the said urine.
The defendant paid the guest room fee by means of a physical card, etc., which he had been in cash with D who had worked as an employee at the above telecom with D, and then immediately cancelled this fee and handled the card payment approval pre-payment as if he had paid the guest room fee by issuing the card to the victim E, the main business owner of the above telecom, and then had the mind to arbitrarily consume the cash received from the customers.
As above, the Defendant conspired with D, around June 21, 201, received cash 30,000 won from an unclaimed customer with the card (credit number F), and immediately cancelled the said card payment, and then embezzled cash 30,000 won received from the customer for personal purposes at his/her own discretion during his/her business custody from around June 21, 201 to October 23, 2012 (D from around March 13, 2012 to around June 23, 2012) by arbitrarily consuming KRW 1,326,590,00 in total in accordance with the attached list of crimes, as shown in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D by the prosecution;
1. Statement protocol by the police for E;
1. Each investigation report (No. 3, 13, and 14, No. 14);
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant legal provisions for criminal facts and Articles 356, 355(1) and 30 of the Criminal Act for the selection of punishment [the scope of recommended punishment] Type 1 (4) (one to one year and four months) in the basic area (one hundred million won) (no person subject to special sentencing] [decision of sentence] was punished twice for the same type of crime, and other property crimes.