2015 Highest 2953 Occupational embezzlement (the name of a partially recognized crime: Fraud)

Park A (78 years, South)

Residence

Reference domicile

Kim Jong-ho (Court Prosecution) and Kim Un-young (Court Decision)

Attorney Kim Yong-Hy (Korean National Assembly Line)

May 27, 2016

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

1. Occupational embezzlement;

From February 22, 2010 to November 1, 2013, the Defendant worked as marketing staff of the Victim B hotel located in Busan Shipping Daegu 000, while engaging in attracting guest rooms and group events, collecting guest room fees, etc.

On July 31, 2010, the Defendant: (a) received KRW 339,790, such as accommodation charge, from a customer Kim 00; (b) stored in the course of business for the said victim; (c) embezzled by arbitrarily using living activity, etc. around that time; and (d) embezzled by arbitrarily using the guest room amounting to KRW 138,03,40 for 53 times in total, as indicated in the attached list of crimes, from September 13, 2013 until September 13, 2013.

2. Fraud;

On August 22, 2013, the Defendant stated to the effect that “Around August 22, 2013, the Defendant would be able to refund not only at a discount, but also at any time, if he purchases a gift to be stuffed with a customer Kim 00.”

However, in fact, there was no accommodation discount goods in the above hotel, and the defendant thought that he would use the money received from the victim for personal purposes, so even if he received the money from the victim, there was no intention or ability to provide accommodation discount goods or to refund the said money.

The Defendant received KRW 3,50,00 in total from the victim, including KRW 1,500,00 on the same day, KRW 2,000 on September 13, 2013, KRW 00,000 on around September 13, 2013, and KRW 3,500,00 in the name of the Defendant (302- - 0613- *****).

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 356 and 355(1) of the Criminal Act (a inclusive, the point of occupational embezzlement), Article 347(1) of the Criminal Act (a) of the Criminal Act, the choice of each imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Reasons for sentencing

Article 1 (Embezzlement and Breach of Trust)

[Scope of Recommendation Form]

Type 2 (not less than KRW 100 but less than KRW 500,00) Reduction Area (from June to two years)

[Special Mitigation]

If significant damage has been recovered;

Article 2 (Fraud)

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100,000) Basic Area (from June to June)

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 years:

2. Determination of sentence;

The Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, means and result, circumstances after the commission of the instant crime, and other various sentencing conditions specified in the instant argument; however, the following circumstances shall be considered in particular:

○ Unfavorable Circumstances: The period of crime is a long-term period and the amount of damage is reasonable, and the responsibility for the crime is more severe, and the victim is not able to receive a letter.

The circumstances favorable to ○: the Defendant led to the confession of all the instant crimes, divided his mistake, paid the amount equivalent to KRW 16 million out of the amount of damage, and the remainder of the damage would be recovered through retirement allowances and guarantee insurance, etc.; and the Defendant has no record of criminal punishment exceeding the amount of punishment or fine imposed prior to the instant crimes.

Judges Lee Jin-dong

- The list of offenses listed in the annex below is omitted.