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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[The Defendant was sentenced to imprisonment with prison labor for special larceny, etc. on May 18, 2012 and completed the execution of the sentence in Daegu Prison on June 24, 2013.
[Criminal facts]
1. From December 12, 2015, the Defendant, a business embezzlement, was engaged in the delivery and collection of food at the above restaurant as the delivery center of the “E” type “E” typeed by the victim D in the Northern-gu, Seoan-gu, Seocheon-si.
The Defendant, from around 09:00 on January 5, 2016 to around 21:00 on the same day, was in custody on behalf of the said victim for a total of KRW 400,000,000 for personal use, such as sports soil and living expenses, etc. around that time. From around January 5, 2016, the Defendant arbitrarily consumed the total of KRW 1.61,00,000 on five occasions, as stated in the list of crimes in attached Table, from around January 22, 2016.
Accordingly, the defendant embezzled the victims' property.
2. Larceny;
A. On January 15, 2016, the Defendant: (a) while working as a delivery source at H’s “H” restaurant operated by G in the Y of 20:30 on January 15, 2016, the Defendant takes up KRW 300,000,000,000 in cash on the said sub-lease to the said restaurant between the victim I, who had been working as the delivery source on the same day and delivered the money deposited in the said restaurant by the victim I, who was in the said restaurant.
They go back.
B. On January 27, 2016, the Defendant, while working as a delivery source in a “L” restaurant operated by the Victim K, which is operated by the Department of the Gyeongbuk-gun, around 23:00 on January 27, 2016, takes up KRW 430,000 in total, KRW 10,000,000,000 in cash, using the difference in the victim’s business operation and mixed in the above restaurant.
They go back.
Accordingly, the defendant stolen the victims' property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. Each statement of M, N, D, I, and G;
1. The investigation report (the victim'sO statement) 1.