A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. From February 22, 2010 to November 1, 2013, the Defendant served as a marketing employee of the victim D’s hotel located in Busan Shipping Daegu C, while engaging in attracting guest rooms and group events, collecting guest fees, etc.

On July 31, 2010, the Defendant: (a) received KRW 339,790, such as accommodation charges of the above hotel from the customer E; and (b) embezzled the above victim by arbitrarily using living expenses, etc. around that time; (c) from September 13, 2013 until September 13, 2013, the Defendant embezzled the above victim at his own discretion using the guest room fee, etc. equivalent to KRW 138,03,402 over 53 times in total, as shown in the list of crimes in the attached list of crimes.

2. Around August 22, 2013, the Defendant stated that “Around August 22, 2013, the defrauded F, a customer, purchased D hotel discount goods, can be refunded at any time, as well as at a discount.”

However, in fact, there was no accommodation discount product in the above hotel, and the defendant thought to use the money received from the injured party for personal purposes, so even if the injured party receives the price for the accommodation discount product, there was no intention or ability to provide accommodation discount product or to refund the said price.

The Defendant received a total of KRW 3,500,000,000 from the injured party on the same day, and KRW 2,500,000,000, around September 13, 2013 from the injured party, to the Agricultural Cooperative Account (G) in the name of the Defendant.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Evidential materials (payment order or book);

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Articles 356 and 355(1) of the Criminal Act (a inclusive), Article 347(1) of the Criminal Act (a) of the Criminal Act, and each choice of imprisonment with prison labor 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 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):