Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

From October 15, 2011, the Defendant is a person who purchased goods and delivered fishery products as a general manager in the “D” of the victim C’s operation located in Ansan-gu, Ansan-si.

1. Around October 18, 201, the Defendant: (a) received cash 500,000 won from the victim for the purchase of goods in the above D around October 17, 201; (b) was in custody for the victim; and (c) wrongfully consumed and embezzled for personal use around that time.

2. The Defendant in occupational breach of trust received two credit cards under the pretext of using them for the purchase of goods from the victim at the date, time, and place specified in Paragraph 1. As such, the Defendant had a duty to use the said cards for the victim.

Nevertheless, on October 19, 201, the Defendant settled the drinking value of KRW 1570,000 with the above card from the alcohol house located in Ansan-si around October 19, 201, and acquired the same pecuniary profit and sustained the same loss to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to certificates of approval of cards;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act (the point of occupational breach of trust), the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.