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A defendant shall be punished by imprisonment for six 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 June 2016 to January 2018, the Defendant was engaged in the business of managing parking fees income while serving as an employee of the victim B's parking lot management team outside the victim B's union.
On June 2016, the Defendant embezzled KRW 30,00 of the parking lot E parking lot parking fee for D vehicles received in cash in the office of the vehicle management team outside of the Party B located in C, without entering the amount of revenue in the computer, for the said victim’s business, and arbitrarily consumed and embezzled the amount of revenue with gambling funds, and as shown in the attached Form “the details of the embezzlement of parking revenue”, from that time to January 2018, the Defendant embezzled the amount of revenue by arbitrarily consuming KRW 50,481,000 in total by arbitrarily 1,029 using the payment method without entering the deposit date, or by arbitrarily saving the amount of revenue from January 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A request for investigation;
1. Application of Acts and subordinate statutes governing the embezzlement of parking revenues;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the selection of criminal facts;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. The period of the Defendant’s crime for sentencing under Article 62-2 of the Social Service Order Criminal Act is a long-term period of punishment, and the frequency of the crime is 1029 times, the sum of the embezzlement exceeds 50 million won, and the Defendant’s use of the amount of the above embezzlement as gambling funds is disadvantageous to the Defendant.
However, considering the fact that the defendant has no record of punishment exceeding the same criminal record and fine, that the defendant has led to confession and reflect on the crime of this case, that the full amount of embezzlement has been recovered, the circumstances of Article 51 of the Criminal Act and the scope of recommended punishment according to sentencing guidelines, etc., the punishment shall be determined like the order.