A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant occupational embezzlement: (a) from around December 2018 to June 18, 2019, the Defendant is a person who collects membership fees or sales proceeds from members, sports guidance, and members at the “C” healthcare center located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu; (b) the victim D is the owner of the healthcare; and (c) the victim E is a person who actually operates the healthcare by being entrusted with the operation of the healthcare.

From January 2, 2019 to June 14, 2019, the Defendant received KRW 18,550,000 as a total of 24 customers’ membership rights or the sales proceeds of the PT service and used it for personal purposes, such as debt repayment, while the Defendant received KRW 18,50,000 as a total of 24 customers’ personal account and kept for the victims.

Accordingly, the defendant embezzled the victims' property.

2. On June 2019, the Defendant: (a) set aside at a place where a police officer cannot be identified; (b) at a place where “C” healthcare was set aside; (c) four members, including G, etc., who were health center members, were subject to pressure on sales from the victim E; (d) there was a strong group of pressure; (c) was in arrears with wages; (d) sent the Kakao Stockholm message and solicited the Defendant to withdraw.

However, in fact, the victim did not pressure the defendant to sell, did not pay wages in advance, and did not demand the gathering in a strong manner.

Accordingly, the defendant interfered with the victim's health care operation by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. The Kakao Stockholm messages, the details of the purchase of goods, and the application of statutes on details of financial transactions;

1. Relevant Article 356 of the Criminal Act, Articles 355(1) of the Criminal Act (the occupation of occupational embezzlement) and Article 314(1) of the Criminal Act concerning the crime;