A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, from July 15, 2008 to April 201, 201, worked as the head of the “E” entertainment drinking club operated by the victim D in Seo-gu, Seo-gu, Seoan-gu, Seoul, and was engaged in the business of selling alcoholic beverages, etc. to customers and collecting the price thereof.

On July 29, 2008, the Defendant: (a) received KRW 900,00 from F, who was a guest of the said entertainment tavern, with the price of alcoholic beverages and liquors, and kept in custody for the victim; (b) around that time, the Defendant embezzled the total amount of KRW 26,200,000 for alcoholic beverages and liquors received from the same customer by means of the same 28 times in total from around October 27, 2010, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement of the investigation report (G hearing report);

1. Application of each of the Acts and subordinate statutes in writing, crime sight lists, and book copies;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;

2. The scope of recommendations according to the sentencing guidelines (decision of types of punishment) shall be limited to the range of punishment for embezzlement and breach of trust (decision of types of punishment) where a person repeatedly commits a crime during a considerable period of time (special sentencing persons) (special sentencing persons less than 100 million won), and where a significant damage has been recovered (where the punishment for punishment is to be mitigated), from 6 months to 1 year and 6 months;

3. Determination of sentence: The crime of the defendant for a period of six months suspended execution of two years has been committed repeatedly over a long period of time, the total amount of damage reaches 26.2 million won, the victim wants to punish the defendant, and the defendant deposited 20 million won for the purpose of changing damage to the victim D, and the defendant has been punished or fined for the same kind of crime.