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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, from October 5, 2016 to May 31, 2017, engaged in the business of “E” selling scrap metal, etc. located in Ansan-si, [Attachment] between the victim C and the victim from May 5, 2016 to May 31, 2017, and engaged in the business of customers and the business of managing funds of the said company.
1. On December 19, 2016, the Defendant: (a) received the scrap metal amount from a new bank account (F) account in the name of the Defendant in the name of the Defendant (E) around December 19, 2016, which is a customer; and (b) used the said new bank account from around 22:44 to 22:49 on the same day to use it as card price, etc. from the new bank account in the name of the Defendant in order to use it as card price from the new bank account in the name of the Defendant at KRW 6,00,000,000 every five times.
Accordingly, the defendant embezzled the victim's property.
2. Around May 31, 2017, the Defendant: (a) received the scrap metal, etc. from a new bank account in the name of Defendant (E) from the bank account in the name of Defendant (F) and kept in custody for the victim; (b) around May 31, 2017, the Defendant withdrawn KRW 20,000 from the new bank account in the name of Defendant (E) in order to use the scrap metal as a credit card payment in the name of a new bank account in the name of Defendant (E) around May 30, 2017; and (c) around 10:17 on the same day, the Defendant voluntarily consumed the scrap metal amount of KRW 94,716,839 from the new bank account in the name of Defendant (E) to the new bank account in the name of Defendant (H).
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the C Acts and subordinate statutes stating the defendant in the protocol of interrogation of the suspect to the prosecution;
1. The relevant legal provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of punishment recommended] Type 2 (not less than 100 million won but less than 500 million won) (one to three years) in the basic field (one to three years), and there is no person who is subject to a special sentencing [the decision of sentence] (Article 356 and 355(1) of the Criminal Act concerning the selection of punishment; and