A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the above fine is not paid, KRW 100,000.

Punishment of the crime

"2017 Highest 204"

1. Occupational embezzlement;

A. The Defendant has been engaged in the delivery of food and the collection of food costs at “E cafeteria” operated by the victim D in Suwon-gu, Suwon-si, as the delivery center.

On December 21, 2016, the Defendant: (a) delivered food from around 18:00 to around 05:00 on the following day; (b) embezzled the victim’s property by voluntarily consuming KRW 310,000 in cash, which the Defendant received from the said victim, for his/her business, for the victim; and (c) embezzled the victim’s property by voluntarily consuming it for living expenses, etc. around that time.

B. The Defendant has been engaged in the delivery of food and the collection of food costs from the “H” restaurant operated by the Victim G in Suwon-si F at Suwon-si.

On December 26, 2016, the Defendant, at around 11:20 on December 26, 2016, embezzled the Defendant’s property by voluntarily consuming KRW 40,000 for the victim’s occupational custody.

(c)

The Defendant has been engaged in the delivery of food and the collection of food costs at the “K cafeteria” operated by the Victim J in Suwon-si I.

On December 26, 2016, the Defendant delivered food from around 17:30 to 22:00 on the same day, and embezzled the victim’s property by voluntarily consuming the money from around December 26, 2016, with approximately KRW 140,000 of the food cost collected and the market price of approximately KRW 2,70,000 of the victim’s ownership for the victim.

(d)

The Defendant has been engaged in the delivery of food and the collection of food costs from the “N cafeteria” operated by the Victim M in Suwon-si L as the delivery center.

The Defendant delivered food from around 19:00 on December 28, 2016 to 23:40 on the same day, and received cash 272,90,00 from the victim, to use the recovered food amount, and cash 272,90,00.