A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

The Defendant was an employee at a mutually cafeteria operated by the victim D in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul. On June 2012, the Defendant registered the restaurant operator in the name of the Defendant according to the victim’s request.

In the process of receiving a loan from a business operator at a new bank located in Guro-gu Seoul Metropolitan Government, Guro-gu for the above restaurant business that was held under the name of the defendant around September 2013, the victim was demanded by the person in charge of the above bank to agree that the amount paid from the above "E cafeteria" to the new bank account in the name of the defendant be deposited into the new bank account in the name of the defendant. On September 10, 2013, the defendant consented to this requirement, and the defendant, from around September 10, 2013, expressed that the credit card use amount settled by the customers from the above "E cafeteria", which is the card merchant, was deposited into the new bank account of the defendant, to embezzled the amount deposited into the bank account in his/her own name as above.

Therefore, the Defendant, around September 10, 2013, deposited KRW 23,148 of the credit card payment from a credit card company, which was trusted with a new bank account in his/her name, and then embezzled the said money by withdrawing it around that time while keeping it for the victim, and consuming it in mind with daily living expenses, etc. from Seoul National Assembly members until January 15, 2015. From that time, until January 15, 2015, the Defendant withdrawn total of KRW 64,303,241 of the credit card payment amount stored for the victim by the same method, such as in the list of crimes in the attached Table, and embezzled it by consuming it as daily living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The grounds for sentencing under Article 355(1) of the Criminal Act (elective choice of imprisonment) (the scope of recommending punishment) (the scope of recommending punishment) (the scope of recommending punishment) (the basic area of less than 100 million won: April to April 1 (the person subject to special sentencing).