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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 director of the "D (individual entrepreneur)" operated by the victim C in Sincheon-si, B from February to July 2017, who was engaged in the business of delivering the articles sold in the above D to the customer and collecting the prices of goods.
Around March 14, 2017, the Defendant supplied D’s paintings to E, which is the business partner in Cheongju-si, and then embezzled the amount of KRW 2,438,00 for supply from the above E to the victim, without delivering it to D, for which the Defendant arbitrarily consumed and embezzled the amount of KRW 38,963,50 for the Defendant’s living expenses. From around that time to July 6, 2017, the Defendant arbitrarily consumed and embezzled the amount of KRW 32 times in total, as shown in the separate crime list, even though the amount of KRW 38,963,50 for the victim was collected from the business partner and stored for the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each testimony of C, F, and G;
1. Details of transactions of entry and withdrawal, recording records, details of entry and withdrawal, confirmation of each fact (not less than five to seven times a year), details of each transaction, copies of account books, and closure of transaction programs, and the application of Acts and subordinate statutes of subparagraph (D) of the business registration certificate;
1. Determination of sentence - favorable circumstances - In light of the motive and circumstance of crime, method of crime, relationship with the victim, degree of damage, etc., the fact that there is no effort to recover damage, and there is nothing to exclude the possibility of recidivism from the point that it is difficult to eliminate the possibility of recidivism from the point of view that the defendant's age, sex behavior, career, circumstances after crime, etc. do not have little awareness of the importance of the case. - The defendant's age, sex behavior, work experience, work experience, etc. are considered. - The defendant's age, work experience, work experience, work experience, work experience, work experience, etc.