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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
From December 7, 2009 to September 2013, the Defendant operated the Victim D Agent Co., Ltd. in Incheon reinforcement Group C.
On December 2, 2009, the Defendant entered into an agency contract with the victim company to collect and deliver goods on behalf of the victim company under the jurisdiction of the strengthened military area, and to deposit money remaining after deducting fees from the customer's fees out of the collected and discounted fares from the customer into the victim company, and has engaged in the freight and money collection business for the victim company.
On December 2, 2009, the Defendant arbitrarily disbursed KRW 10,877,90,00,000,000,000 from total 5,686 cargo to total of KRW 3,518,39,00 after deducting fees, etc. from service fees, etc. while on behalf of the victim company, as indicated in the attached list of crimes, including the Defendant’s office operation expenses, etc. at around that time, and paid KRW 224,732,031,00 from around December 2009 to September 2013, as indicated in the attached list of crimes.
Accordingly, the defendant embezzled the property of the victim company that was under custody in the course of business.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to report on investigation (the submission of additional list of suspects by an agent for filing a complaint)
1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Type 2 (not less than 100 million won but less than 500 million won) [the period from June to 2] mitigated area (the period from June to June 2] [the person who is specially mitigated] where the punishment was not imposed or a significant damage was restored (the decision of sentencing] under the following circumstances, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by taking
A favorable condition: The defendant shall commit the instant crime.