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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is the head of the life frame team who works for 33 employees, such as E, in the field of the Dongdaemun-gu Seoul Metropolitan Government Resource Development C (hereinafter referred to as the "C Corporation") in which the defendant, who received the payment of the wages from the injured party, has duties to receive the wages from the injured party and deliver the wages to the workers.
Nevertheless, around March 17, 2014, at the above C’s site office, the Defendant: (a) had the FF employee of the victim sign his/her name on the power of attorney to receive wages of 33 workers; (b) received 61,591,30 won of wages of 33 employees, such as E, from the damaged person to the bank account in the name of the Defendant on March 24, 2014; and (c) embezzled the same for personal purposes, such as the payment of existing debts, from March 24, 2014 to March 31, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to the public prosecutor's office with regard to F;
1. Application of the Acts and subordinate statutes in which statements made by the police in G are recorded;
1. A favorable circumstance in which there is no person in charge of the pertinent criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the applicable criminal facts, the reasons for sentencing of the sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of the sentence] [the person in charge of special sentencing] [the decision of sentencing]: The defendant seems to have led to the confession of the crime in this case and to repent of his mistake; the defendant seems to have no record of punishment for the same crime; some damage (10 million won) seems to have been recovered; the crime in this case was committed by using trust on himself; the damage was not recovered for a considerable period of time; and the amount of money embezzled by the defendant is determined within the scope of the sentencing guidelines as stated in the order of the punishment, taking into account the circumstances under Article 51 of the Criminal Act, such as the amount of money embezzled by the defendant.