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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Some of the facts charged were corrected.
The Defendant, from January 1, 2015 to February 28, 2019, was an employee of the victim agricultural company C&A operated by B, and was in charge of the business management of the victim company.
On September 16, 2015, the Defendant received a transfer of KRW 879,600 from the “Ecafeteria” located in Suwon-si, Suwon-si, Suwon-si, to the Defendant’s account (G) and used the said money for personal purposes, such as living expenses, etc. around that time, while working for the victim company, and embezzled the said money arbitrarily by using it, from February 28, 2019 to February 28, 2019, in total, KRW 219,279,90, total sum from the customer of the victim company’s business until December 29, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Fact-finding certificates;
1. The application of Acts and subordinate statutes to language statements and investigation reports (Attachment to trade statements);
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);
1. The scope of the applicable sentencing under the Act on the Reasons for the Suspension of Execution under Article 62 (1) of the Criminal Act: The scope of the applicable sentencing under the Act on the Grounds for the Sentencing of Punishment: The scope of the applicable sentencing under the sentencing guidelines from January to ten years [the decision of a type] for embezzlement and breach of trust [the category 2]; the mitigated element of not less than KRW 100 million; the mitigated element of the punishment [the scope of the recommended area and the recommended punishment] below KRW 500 million; the mitigated element of the punishment [the mitigated element] mitigated area; the mitigated element of the punishment [the scope of the recommended area and the recommended punishment] mitigated area; the mitigated element of the imprisonment from June to two years [the mitigated element of the punishment [the mitigated element of the general person] who has no criminal record of the suspended sentence: the decision of the sentence of punishment that has no criminal record of not less than the suspended sentence: One year and six months; the defendant of the suspended sentence two years on January 1, 2015;