A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From August 1, 2014 to January 2015, the Defendant has been engaged in D convenience stores operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City from February 26, 2015 to the F convenience stores operated by the victim C, and from February 26, 2015 to March 26, 2015 to the F convenience stores operated by the above victim and the above D convenience stores, and has been engaged in the duties of ordering goods, the duties of settlement of sales proceeds, the remittance of sales proceeds to the head office, and the duties of Rarba.

1. The Defendant embezzled cultural merchandise coupons from August 15, 2014 to January 25, 2015, the Defendant was on the business of selling KRW 10,00 cultural merchandise coupons 3,40 from the aforementioned D convenience stores for the said victim, and used them for personal purposes, such as living expenses, etc. at the exchange site around that time.

Accordingly, the defendant embezzled the victim's property.

2. From February 27, 2015 to March 12, 2015, the Defendant: (a) received total of KRW 24,473,944 as sales proceeds from the said F convenience store from February 28, 2015 to March 11, 2015; and (b) used KRW 15,254,980 as sales proceeds from the said D convenience store for the said victim’s business purpose; (c) around that time, the Defendant used KRW 11,923,724 of the said F convenience store; and (d) used KRW 3,652,60 of the said D convenience store as daily expenses, loans, interest payments, etc. without remitting it to the head office.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Each protocol of examination of the suspect against the accused by the prosecution (including the replacement part of the suspect);

1. Statement made by the police against C;

1. Investigation reports (report on results of replies to financial transaction information of suspects) and investigation reports (Submission of evidential data by complainants);

1. Application of Acts and subordinate statutes, such as account transactions and remittance details;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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;