When the defendant does not pay the above fine, 100,000 won.

From December 2, 2009 to March 2013, the Defendant served as a general manager at the “E” restaurant for the victim D’s operation, which is located in Cheongju-si C 201 and 202.

On October 2013, the Defendant was entrusted by the victim to receive the premium for facilities when the victim transferred the facilities, etc. of the said restaurant to F around 2013.

Accordingly, from October 19, 2013 to October 24, 2013, the Defendant received total of KRW 22,50,000 from G, the F, who was denied from October 19, 2013 to October 24, 2013, in custody for the victim under the name of the facility premium, and embezzled it for personal use around that time.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Details of account transactions under the name of the recipient (51 pages of investigation records);

1. Contracts for acquisition or transfer of rights;

1. Letters sent by A to a complainant (eight pages of investigation records);

1. Application of Acts and subordinate statutes to text messages (the 116th page of investigation records) sent and received in relation to premiums;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of all favorable circumstances, such as the denial of the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the non-competence of the crime, and the failure to recover damage, etc., the Defendant also did not pay the victim a total of KRW 10 million, such as wages and retirement allowances, and other favorable circumstances, including the amount of damage, Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., on which all the sentencing conditions specified in the records and arguments of this case are attached.