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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who has been in charge of inventory management and sales of automobile parts E in Yangju-si Co., Ltd. D operated by the victim C from the end of May 2009 to July 16, 2012.
Around July 2011, the Defendant, at the same time, embezzled 26 times in total the parts owned by the victim, including the sum of 50,904,000 won of the parts owned by the victim, as shown in the attached crime list, when he/she was in custody for the victim of the parts, such as the compact presses, which are kept in his/her warehouse (or equivalent to KRW 804,00,000 at the market price) on behalf of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of F by prosecution;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on the details of damaged goods, copies of bankbooks, details of passbook transactions (A), details of passbook transactions (F), and details of transactions;
1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the selection of punishment, the grounds for sentencing of imprisonment [decision on types] [decision on the area of recommendation] / [decision on the area of recommendation] / [Scope of punishment] 4 months to 1 year / 4 months [limited to the scope of recommendation] / 1 year / mitigated elements: In the case of embezzlement / 10 years from 1 month to 10 years [limited to the scope of punishment] in the case of suspension of execution] - There is no effort to recover negative damage - there is no record of negative labor - there is no record of not less than a suspension of execution / [Determination on types of punishment and recommendation] : The comparison of punishment and recommendation : April 1 to 4 years : The fact that there is no unfair sentence of imprisonment with prison labor for the same kind of crime as that of the victim / April 1 to 4 years / [the normal sentence of imprisonment with prison labor for the same reason as that of the victim 10 months or more].