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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant, from February 1, 2010, is a person who had been engaged in the business of keeping and managing materials owned by the victim company from around February 1, 2010. On January 3, 2013, the Defendant: (a) removed 3,471,00 won in total from other employees by having E sell them to G, a scrap metal company located in the Seo-gu, Seo-gu, Seocheon-gu, Incheon; and (b) embezzled from around that year by having E sell them to G, a scrap metal company located in the F in the Seo-gu, Seo-gu, Seo-gu, 201.
5. By the same method until April, 14, the sum total of 225,615,00 won was embezzled by 126,750 market prices owned by the victim company, such as in the annexed list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Each police statement made to H, E, and I;
1. E’s written statements and written statements, and flexible visions;
1. Application of Acts and subordinate statutes to the comprehensive inspection report, personnel card (A), monthly entry into and departure from the tray, D tray estimate, investigation report (attached to a statement of account transactions and crime list), investigation report (report on hearing statements by a complainant's agent);
1. Taking into account the fact that the reasons for sentencing a sentence of imprisonment with prison labor under Article 356 and Article 355(1) of the Criminal Act regarding criminal facts are both committed by the Defendant and there is no force of punishment other than minor fines, considering the fact that the substantial measures to recover damage are not taken, even though the market price of the embezzled material is a large amount of money, and that the actual measures for recovering damage are not taken against the Defendant’s victim’s company, and that the Defendant’s status in charge and duties are not less and less and less than that of the Defendant’s company, the sentence of imprisonment with prison labor is inevitable.