Text
Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The defendant is a person in charge of special sales business under the jurisdiction of E department store (F) support team of corporation D, the victim in Nam-gu, Nam-gu, Dong-gu, Seoul.
On July 2015, the Defendant, using the fact that the Defendant did not check whether to recover the price for “E department stores” merchandise coupons sold to customers, did not arbitrarily remove merchandise coupons and used them for cash exchange at the merchandise coupon exchange office.
On July 20, 2015, the Defendant received a request for purchase of gift certificates equivalent to KRW 700,000 from an organization of talent education to employees in the above “E department store” store, and used the gift certificates in cash at the exchange center of gift certificates in the Nam-gu Newdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.
In addition, from around that time to June 30, 2017, the Defendant used “E department store” gift certificates in exchange for cash arbitrarily over KRW 604,010,000 through 211 times, as indicated in the list of crimes in the attached sheet of crimes.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the defendant;
1. Each police statement made to G, H, I, and J;
1. Each statement of K, L, M, and N;
1. Complaint;
1. Application of Acts and subordinate statutes on the embezzlement of gift certificates A in charge of the special sales of the support team, the details of outstanding sales of gift certificates, copies of each ledger of credit sales of gift certificates, certificates of gift certificates, the list of goods in the market of gift certificates, the transaction details of the suspect's name bank account (O) transaction details, and the transaction details
1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;
2. Application of the sentencing criteria [the type of embezzlement] Type 3 (50 million won).