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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant has been engaged in automobile sales and collection business of the Plaintiff’s automobile E agency as an automobile sales employee operated by the victim D, which had been operated by the victim D, within Ansan-si Co., Ltd., 107.
On November 25, 2013, the Defendant entered into a sales contract with F, a customer of the said automobile agency, for a ton truck with F, and would promptly handle the delivery of the vehicle after entering into such contract.
In commitment, F shall transfer 16,010,000 won for vehicle sale to the account of the said agency G member, and the Defendant immediately transferred 15,860,000 won out of the vehicle sale proceeds to the Defendant’s agricultural bank account from G to the Defendant’s agricultural bank account, and embezzled by using the said money for personal debt repayment around that time while the Defendant was in business custody for the victim.
2. The defendant was engaged in the revenue and expenditure of the membership fees paid monthly by the members of the Association for Automobile E Agents as the general secretary of the mutual-aid associations organized to disburse the pets and promotional expenses of the members of the said organization while working as business employees at the above car E agencies of the said organization.
Around February 6, 2013, the Defendant: (a) withdrawn and kept the membership fees of KRW 500,000 from the victims who were managed in the Agricultural Cooperative Account under the name of H; and (b) embezzled by consuming the personal cost of living around that time; and (c) embezzled the total of KRW 15,185,080 by arbitrarily consuming KRW 15,185,080 by withdrawing cash or transferring it to the Agricultural Cooperative Account under the name of the Defendant from December 20, 2013 as indicated in the separate crime list until December 20, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made in the police statement protocol with D;
1. Application of Acts and subordinate statutes to each statement of account transactions and written confirmation of facts;
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 of the Criminal Act: