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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] On June 22, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for occupational embezzlement, etc. at the Daegu District Court, and the said judgment became final and conclusive on August 22, 2018.
[Criminal facts] 2018 Highest 753
1. The Defendant is a person operating “C” as an enterprise that provides services, such as various contracts or purchase of admission tickets, related to school travel, skiing campaigns, etc., and the victim D(42) is a person operating “F” as an organization event agent that entered into a contract with E.
On November 2017, when the defendant recruited a group user under the above F name between the victim and the victim in November 2017, the victim would proceed with events, such as skiing course, and thereafter, when the defendant collected accommodation expenses from the users and paid it to the victim, the victim would pay it to E. In return, the defendant entered into a business agency contract on behalf of the victim that collects approximately 15% of the fee paid from the E company. Accordingly, the defendant was engaged in the business of collecting the cost of skiing course and delivering it to the victim.
Nevertheless, from January 7, 2018 to February 10, 2018, the Defendant embezzled KRW 21,182,940, which was kept for the sake of the victim by arbitrarily consuming KRW 21,182,940 as personal living expenses, etc., by collecting from the users as shown in the attached Table 1 list of crimes, such as lodging expenses, food expenses, and skiing use fees.
"2018 Highest 838"
2. On August 2016, the Defendant, at the Seocho-si Office of “C” located in the Seocho-si, Sinsi, 2016, sold the victim H a phone at a price lower than the market price.
“After the phrase “,” and thereafter, from August 16, 2016 to November 3, 2016, the sum of KRW 11,690,000 was granted between 15 times in total as shown in the annexed Table 2, as in the annexed Table 2, and was kept in custody for the victim on his/her own.