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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From May 2017 to August 4, 2019, the Defendant worked as a shop in DPC located in Seoul Special Metropolitan City, Nowon-gu, the victim C from May 2, 2017 to August 4, 2019, and was in charge of overall store operation, such as employment of employees, payment of wages, purchase of goods, settlement of profits, etc.

1. The Defendant worked as the point of the above PC and managed the F Bank account (G) in the name of E in which the sales revenue of the above PC is deposited, and had the victim keep the money deposited in the above F Bank account for business purposes.

On September 11, 2018, the F Bank's branch located in H in Seoul Special Metropolitan City, Nowon-gu, had arbitrarily remitted KRW 950,00 from the F Bank account in the name of the Defendant to the F Bank account (I) in the name of the Defendant, and had then embezzled KRW 76,672,510 on 39 occasions in total, as shown in the annexed Table 1, by the same method until December 31, 2018.

2. On July 28, 2017, the Defendant sold “kiner” to customers under the name of the PC, received 60,000 won from customers, and kept them in the course of business for the victim. On July 28, 2017, the Defendant embezzled 60,000 won at will by operating the said PC’s computer program, as if he were returned to customers around 18:58, 201, by means of operating the said PC’s computer program, and then arbitrarily selling KRW 60,000, from that time by the same method until August 1, 2019.

3. On February 6, 2019, the Defendant prepared a false statement of wages of KRW 81,000 as if the Defendant paid the said PC’s cash earnings to the J, who had not worked at the said PC on February 6, 2019, while carrying out business on behalf of the victim, and then arbitrarily maintained the amount equivalent to the said amount.