Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On January 2014, the Defendant was delegated by the victim B with the operation of a mutual sports center called "D gymnasium" located in the Busan-gun, Busan-gun (hereinafter referred to as "D gymnasium"). On July 2015, the Defendant additionally delegated the operation of the above gymnasium, such as the above gymnasium located in the US-gu, Ulsan-gu, and the above gymnasium, and around that time, from around that time to June 2016, the Defendant provided education to the gymnasium in the above gymnasium for the victims, and engaged in the affairs of managing the original and the fund management by transferring the cost paid by the originals to the victims.

The Defendant, from January 2014 to April 2016, 2016, embezzled the total amount of KRW 5,245,000 in a personal way, instead of reporting the fact of the entry of a part of the originals to the victim, while receiving the originals paid by the originals for the victim from the said two sports halls to the said two sites.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocols made by the prosecution and the police with regard to B (including sub-examination);

1. The defendant alleged to the effect that "the amount actually embezzled is less than the amount charged," the labor contract, the attendance book, the family register, the written application for hospitalization, the statement of entrance and departure transactions, and the written complaint [the defendant]. The facts acknowledged by the evidence duly adopted and investigated by this court are as follows: ① the victim specified the amount of damages based on the details of deposit of membership fees by the members not reported by the defendant; ② the defendant returned 5,175,000 won to the victim immediately after the complaint of this case; ③ it is difficult to eliminate the possibility that the actual amount of damages would be greater than the amount stated in the facts charged." The defendant is guilty of the facts charged of this case]

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70 of the Criminal Act to attract a workhouse.