Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

From November 1, 2016 to May 31, 2017, the Defendant, as D’s home delivery engineer operated by Guri-si B, engaged in the business of delivering the company’s home delivery, collecting the business of customers, and collecting the money.

On April 4, 2017, the Defendant received KRW 319,600 from the customer called “F” in Guri-si E to the Defendant’s account and was in the custody of the victim for business purposes. At that time, the Defendant consumed KRW 319,600 for personal use, such as living expenses, in the Namyang-si Si, Namyang-si.

In addition, the defendant from April 4, 2017 to the same year as written in the list of crimes in attached Form.

6. 2. up to 10 times in total, KRW 2,116,400, which was collected from two customers of the Military Service in the same manner as the one for the victim, was consumed for personal purposes, such as living expenses, at around that time, in Seoul and South Yangyang-ju.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Entry of the defendant in part in the first trial record;

1. Details of agreement, written agreement, and each investigation report (the modification of the amount damaged by the customer’s H and the confirmation of the details of banking transactions with the suspect);

1. Part IV, C’s statement of settlement, and written confirmation and attached materials [the defendant and his defense counsel] asserted that the defendant was entitled to consume the above price as he received and consumed selective payment according to the agreement with the victim, and even if not, the defendant did not have the intention of occupational embezzlement.

According to the evidence duly adopted and examined by this Court, the following facts and circumstances exist.

A. From November 1, 2016, the Defendant, as a door-to-door engineer, was engaged in the delivery of door-to-door sales and the collection of business customers in D operated by the injured party.

B. The work and settlement between the defendant and the victim shall be made in the following month when the defendant, a home-based engineer, has paid the fees to D operated by the victim, and part of them shall be paid to the defendant in the following month.