A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2017 Highest 60] The Defendant, from December 8, 2015 to January 5, 2016, worked as the president at the “E amusement shop” located on the second floor of the D hotel located in Gwangju Seo-gu, Gwangju from around December 8, 2015, and the victim F is the operator of the “E amusement shop.”

If a person is to receive a pre-paid payment from an employer while commencing work at an entertainment shop business in accordance with the practices of the entertainment shop industry, he/she must fully repay the pre-paid payment and retire from office during the work at the relevant business establishment, and both the Defendant and the victim have been well aware of such practices.

On December 8, 2015, the Defendant: (a) began to work as the president at the above “E amusement shop” and came to receive prepaid payment, and (b) agreed to pay the amount equivalent to 30% (35% for cash settlement) out of the sales of alcoholic beverages of the said business establishment during the period of service to receive KRW 20 million as the advance payment, while faithfully working at the business establishment of the victimized person; and (c) agreed to acquire as the fee the amount equivalent to 30% (35% for cash settlement) out of the sales of alcoholic beverages of the said business establishment during the period of service.

However, the Defendant borrowed approximately KRW 20 million from around the place of business by including the number of days in order to repay the overdue debts received at the “G” entertainment shop, which had been employed as the head of the business office prior to the victimized person’s business, and the Defendant supplied alcoholic beverages to customers on credit in the above “G”, thereby making the Defendant liable to the owner of the business, and thereby paying approximately KRW 15 million to the owner of the business, the Defendant was able to preferentially pay the said personal debts from the damaged person’s business and the amount of alcoholic beverages paid by the owner of the business during his/her work as the president (hereinafter “the so-called “the so-called “the so-called so-called “the so-called “the so-called obligation”). Accordingly, the Defendant would not have any intent or ability to repay the so-called advance payment received from the damaged person, as well as would have to pay the victim’s share in the sales of the said business.