A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On November 29, 2011, the Defendant was sentenced to one year from the Changwon District Court for the crime of occupational embezzlement. On November 10, 2012, the execution of the said punishment was completed.

[2013 Highest 2698]

1. On April 6, 2013, at around 15:30 on April 6, 2013, the Defendant employed the victim D’s “E” restaurant operated by the victim D in the window C in Changwon-si, and kept the money of KRW 2.50,000 on the day while engaging in the business of delivering and collecting food for the said restaurant, and embezzled it by arbitrarily consuming it around that time.

In addition, from that time until September 5, 2013, the Defendant embezzled 2,459,500 won in total and 2,300,000 won in the market price, as shown in the list of crimes in the attached Table, from that time until September 5, 2013.

2. From May 12, 2013, at around 19:50 on May 12, 2013, the Defendant stolen the victim’s cash holding KRW 100,000,000, which is one of the victim’s possession, at the “H” restaurant operated by the victim G in Seongbuk-gu, Sungwon-si, Sungwon-si.

3. Fraud;

A. On May 23, 2013, the Defendant employed the Defendant as the delivery source to the “K” restaurant operated by the Victim J of the Simpo-si, Changwon-si I, and the Defendant made a false statement to the effect that, even if the Defendant received a provisional payment from the victim, he/she did not have any intent or ability to complete the payment, he/she performed his/her work and provided that, despite having no intention or ability to complete the payment, the Defendant would pay the Defendant the amount of KRW 2.50,000,000 to the Defendant.

As above, the Defendant deceptioned the victim and acquired 250,000 won from the victim, i.e., 250,000 won.

B. On June 11, 2013, the Defendant hired the victim M in Changwon-si L as the delivery source to the “N” restaurant operated by the victim M, and the fact that the Defendant received provisional payment from the victim does not have the intent or ability to complete the payment, despite being unable to do so, the Defendant needs to pay the cost of living to the victim.