A defendant shall be punished by imprisonment for not less than two years and six months.

The request for compensation order shall be dismissed.

Punishment of the crime

The Defendant, from February 18, 2017, entered into a contract with the victim D, who is the owner of the loan in order to sell the loan in lots from February 18, 2017, and was engaged in the sale of the loan in lots.

1. Occupational embezzlement;

A. On August 21, 2017, the Defendant: (a) entered into a sales contract for E and E from the office of sale in lots; and (b) received KRW 10 million in the Agricultural Cooperative Account (Account Number: I) in the name of H on the same day in the name of sale in lots; (c) from October 13, 2017 to October 30, 2017, KRW 51 million in total at the Agricultural Cooperative Account (Account Number:K) in the name of J from October 13, 2017.

The Defendant, as above, embezzled KRW 61 million in total from August 21, 2017 to the end of 2017 by voluntarily consuming 29 million in gambling funds, living expenses, etc. while he/she had been in custody for the victim D for business purposes.

B. Around August 28, 2017, the Defendant: (a) entered into a sales contract with L and Ba for L in the sale office of L and Ba; and (b) received KRW 33 million from L to the Agricultural Cooperative Account in the name of the said J around September 25, 2017 as the sale price.

The Defendant, as seen above, embezzled KRW 33 million in total from L to the end of 2017 by voluntarily consuming 13 million in gambling funds, living expenses, etc. from around that time, while having been kept in business for the victim D.

2. Around September 16, 2017, the Defendant concluded a sales contract with the victim B by falsely stating that “The Defendant would transfer the sales price to the account designated by the domestic government, if he/she transfers the sales price to the account,” and concluded the sales contract with the victim B.

However, in fact, the defendant does not deliver most of the remitted sales proceeds to D, etc., a seller, in the situation where the defendant has lost money due to gambling at the time and the cost of living is insufficient.