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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
From January 1, 2013 to September 30, 2013, the Defendant, as a business employee of the victim unlimited partnership C, engaged in the sales and collection of alcoholic beverages of the said company.
On January 2013, the Defendant voluntarily consumed the remaining KRW 1,326,602 for personal purposes while receiving KRW 56,525,804 from 70 to 49,617,124 out of the liquor price received by supplying 1,302 alcoholic beverages from 56,525,804, and deducting KRW 5,582,078, which is his/her own share.
In addition, from around that time to September 30, 2013, the Defendant received KRW 450,931,210 out of the liquor price of KRW 537,68,984, which was supplied to 12,671 alcoholic beverages from 99 companies, and deposited KRW 450,931,210 among the liquor price of KRW 537,68,984, and voluntarily consumed the remaining amount of KRW 25,803,566 for personal purposes, except for KRW 60,954,208.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The complaint filed by D, the list of customers, the statement of account transactions, the sales status of goods of each member, and the application of statutes;
1. Articles 356 and 355(1) of the Criminal Act related to criminal facts and Articles 356 and 355(1) of the Criminal Act: Reasons for sentencing of imprisonment [the scope of recommending punishment] [the grounds for sentencing of imprisonment [4 to 100 million won] [the decision of sentencing] no basic area (4 to 100 million won] [the decision of sentencing] [the decision of sentencing has no same power: the normal circumstances favorable to 4 months: there is no reflective power; no damage recovery has been recovered up until now; the fact that the so-called so-called unreasonable money has not been recovered; the fact that the money has been embezzled continuously for a relatively long period of time with the mind that all of the embezzled money has been raised for personal use and there is no way to recover damage; and that there is no affirmative action