Text
A defendant shall be punished by imprisonment for not less than eight 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
[2016 Highest 2315] Defendant from May 1, 2014 to the same year
7.31. The same year as the head of the business office of the injured person (ju)C;
8. From January 2, 2016 to January 26, 2016, the employees of the (State) C have been engaged in the delivery of the company's door-to-door sales and the collection of the price for door-to-door sales.
On July 1, 2014, the Defendant collected KRW 6,000 from the E’s house located in Jeju-si, and stored for the said company the Defendant used the money for personal purposes, such as meal expenses, at the cost of day in Jeju-si.
In addition, from around that time to January 21, 2016, the Defendant collected 33,384,170 won in total for the victim, as indicated in the list of crimes in the attached Table, from Jeju city through the same method over a total of 4,222 times, and consumed 33,384,170 won in mind, which had been under the occupational custody for the victim.
Accordingly, the defendant embezzled the victim's property.
[2016 Highest 2652] On November 21, 2016, the Defendant driven a Frodi vehicle under the influence of alcohol leveling 0.092% from a section of about 500 meters from the road near the Seodaemun-si 1, Jeju-si, to the Duna-si, which is located in 2 dong, Jeju-do.
Summary of Evidence
[2016 Highest 2315]
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Each letter, letter of joint and several sureties payments, and statement of accounts (19 pages of investigation records);
1. A criminal investigation report (verification of payment details, page 271 of investigation records) / [2016 order 2652]
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Notification of the results of regulating drinking driving;
1. Application of related Acts and subordinate statutes to photographs;
1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor, respectively, under Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;
1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the long-term sum of punishments for each crime);
1. Suspension of execution: Criminal Act;