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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. The Defendant is a person who, from August 7, 2008 to January 23, 2017, works as a business employee from “F”, which is the original unit price operated by the victim E in Jongno-gu Seoul, Jongno-gu, Seoul, as a business employee, and has been in charge of the original sale and the collection of the price.
While engaging in the collection of money as above, the Defendant: (a) deposited KRW 8.5 million in G “G”; (b) deposited KRW 6 million in advance; and (c) embezzled the difference of KRW 2.5 million for personal purposes, such as gambling funds and the drinking value; and (d) embezzled it for personal purposes from June 30, 2015 to January 16, 2017 in total 137 times in the same manner as indicated in the list of crimes; and (b) embezzled KRW 175,561,230 in advance for personal purposes while on duty for the victim.
2. Habitual gambling Internet site ‘H', ‘I', and ‘J' transfer of money to the designated account of the pertinent website by members, the same amount of cyber money should be charged, and the members should be allowed to participate in the betting by predicting the success, failure, and failure of all kinds of sports games inside and outside the country by using cyber money, and the members who meet the result of the games should be paid an amount calculated by multiplying the betting amount by the dividend rate, and the amount of betting amount should be recovered to the members who are not expected to receive the result, and if so, the illegal gambling site operated by means of exchanging cyber money in cash is an illegal gambling site.
From June 6, 2015 to January 4, 2017, the Defendant visited the said site using Defendant’s smartphones, and transferred the amount of KRW 51,690,000 to the designated account of the said site from the new bank account (K) in the name of the Defendant to the designated account of the said site on 175 occasions, and carried out gambling habitually in a way of betting on the predicted result of the sports competition by charging the same amount into cyber money.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Account transactions;