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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From August 2012 to December 11, 2015, the Defendant, as an employee of the victim D Co., Ltd., a dance company in Gangnam-gu Seoul, Gangnam-gu and 102, took charge of clothes sales and receipts.
On February 6, 2013, the Defendant sold 1 punishment equivalent to 590,000 won to customers E, who have purchased dancing straws at the store of the said victim company, and received sales proceeds from E, and deposited 300,000,000 won out of them into the victim company, and embezzled the remainder of 290,000 won on behalf of the victim company by arbitrarily consuming it with living expenses and gambling funds around that time.
In addition, the Defendant, from that time until November 12, 2015, embezzled KRW 79,355,000, total sales proceeds of dancing settlement place over approximately 133 occasions, as indicated in the attached Table of Crimes, on behalf of the victim company, by means of voluntary consumption of living expenses and gambling funds, etc. while being kept in business for the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the prosecution against the F;
1. Application of Acts and subordinate statutes to daily sales reports, customer information lists, and account trading statements;
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing period of Article 62-2 of the Social Service Order Criminal Act is 133 times for a long period of 2 years and 9 months, and the amount of sales proceeds of the victim's company was embezzled on 133 occasions during the period of 13 months and 79 million won and the amount of damage was 79 million won and more, but the criminal liability is unreasonable, the defendant is against his/her mistake, the defendant does not want the punishment by mutual consent with the victim, the defendant does not want the punishment of the defendant, the defendant does not have any record of punishment other than a single type of fine, and the defendant's age, sex, environment, etc.