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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 15, 2016, the Defendant was sentenced to a suspended sentence of two years for embezzlement, etc. at the Seoul Eastern District Court on July 15, 2016, and the judgment became final and conclusive on November 14, 2016.
On November 2014, the Defendant received a request from the victim E to collect the said money on behalf of the victim E at the D office located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, 2014.
The Defendant, upon delegation by the victim, embezzled the damage amounting to KRW 3 million on June 16, 2015, KRW 10 million on July 1, 2015, KRW 50 million on October 30, 2015, KRW 23 million on February 12, 2016, when the Defendant received delivery from F and used the amount of KRW 50 million on the part of the victim for living expenses, etc. and used the amount of KRW 23 million on February 12, 2016, while the Defendant was in custody for the victim, and then embezzled the Defendant’s claim for return on July 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each written confirmation of G and H;
1. Mediation protocol, and a written decision of seizure and collection;
1. Details of remittance, certificates of deposit transaction results, and transaction details;
1. A copy of a check before himself;
1. Previous conviction: Application of a written inquiry about criminal history and a copy of the judgment;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;