A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 6, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement, etc. at the Seoul Southern District Court (Seoul Southern District Court) on the following grounds: (a) on July 21, 201, the Defendant was sentenced to a fine of one million won for embezzlement at the Goyang Branch of the Jung-gu District Court on July 21, 201; and (b) on two occasions, the Defendant was sentenced to

around January 28, 2014, the Defendant prepared an employment contract with the said victim in the Gangnam-gu Seoul Metropolitan City “D” restaurant operated by the Victim B, and hired the said victim as the delivery source, and has been engaged in food delivery and collection business from that time until January 29, 2014, which is next day.

On January 29, 2014, at around 16:00, the Defendant: (a) placed one motor bicycle at the market price of KRW 1,00,00,000, and placed one portable credit card device at the market price of KRW 450,00,000; (b) placed the food charge of KRW 264,00,000; and (c) embezzled the property of the victim without returning it to the victim.

At around 13:30 on January 25, 2014, the Defendant: “H” restaurant operated by the victim G in Ansan-si, a member G, an Ansan-si, with the market value of KRW 2.150,000,000,000, and collected KRW 200,000,000,000 from the market value of the above victim’s (hereinafter “H”); and then, he embezzled the victim’s property without returning the portable credit card terminal and food cost to the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. G statements;

1. A certificate of report on use of two-wheeled automobiles;

1. Employment contracts;

1. Application of Acts and subordinate statutes to report internal investigation (at the time of contact with the victim that he/she had found the victim's ozone part);

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the same Act concerning the selection of punishment;

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