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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
From December 2, 2014 to September 28, 2015, the Defendant engaged in the sales of goods and the receipt and disbursement of money at the D convenience store operated by the victim C in Gwangju Mine-gu.
1. On June 17, 2015, the Defendant embezzled 151 tobacco amounting to KRW 709,70,000 in total of the market price, as shown in the attached Table 1 sheet of crime, in total, 67 times from September 19, 2015, at the above convenience store: (a) 2, tobacco amounting to KRW 9,400 in the market price of KRW 9,400 for the victim’s sake; (b) and (c) 151 of tobacco amounting to KRW 709,70 for the victim’s sake.
2. On September 21, 2015, the Defendant embezzled a total of KRW 310,000,000, from the above convenience store, 100,000, as shown in the letter of mind, while working for the victim for his/her duties, and consumed them for personal purposes, such as household expenses, etc. from that time to September 28, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. In the application of the investigation report (where it is insufficient to conduct inventory inspections for D convenience points - Tobacco), investigation report (Attachment to CCTV photographs that steals cash on September 24, 2015), investigation report (Attachment to CCTV photographs that steals tobacco 2 A on September 23, 2015), investigation report (Attachment to CCTV photographs that steals tobacco 2 A), investigation report (where the damaged person reported on September 23, 2015), and the application of statutes;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;