Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2017 High 1095] The Defendant, on November 28, 2014, employed the victim C’s “D” restaurant in Seo-gu Daejeon, Seo-gu, Daejeon, as an employee of the victim C’s “D” restaurant and engaged in food delivery and collection.

At around 14:00 on the same day, the Defendant embezzled up to 340,00 won in total for food, and 2,400,000 won in market value, which the Defendant received from the injured party, to use for delivery, and 1,110,000,000 won in market value, for the sake of the injured party, without returning to the injured party at around that time. [2017, 1096, 2096] Defendant was engaged in food delivery and collection business by hiring the victim from the restaurant among the G of the victim F management in Daejeon-gu, Daejeon, as delivery and collection business around November 16, 2014.

At around 16:30 on the same day, the Defendant embezzled the food cost stored as above without returning it to the victim, while he/she was in the custody of 483,00 won total of the food cost collected from customers for his/her business on behalf of the victim. At the Daejeon Esong-gu H, Daejeon U.S. H, by leaving off the Ortobane used for delivery, and then embling the food cost stored as above. The summary of the evidence [2017 Go-ho 1095]

1. A protocol concerning the examination of partially the police officers of the accused;

1. C’s statement;

1. A report on investigation (victim's telephone investigation) (2017 high time 1096);

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;