Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant worked as a secretary in the “D hotel” managed by Jongno-gu Seoul Metropolitan Government Victim C, and received accommodation expenses, etc. from customers.

On July 4, 2017, the Defendant received KRW 80,00 from D hotel with no name-free customers, and then arbitrarily consumed the amount of accommodation expenses of KRW 1,489,50 on 15 occasions from that time until August 3, 2017, and embezzled the amount of accommodation expenses of KRW 1,489,50 in total from that time to that of August 3, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes to C of the statements made by the prosecution and the police concerning C and of the reservation data on the hotel site attached thereto;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On August 3, 2017, the Defendant received accommodation expenses of 280,000 won from “D hotel” managed by the injured party, and embezzled the charge by arbitrarily consuming it while on duty for the victim.

2. Determination

A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which can lead a judge to have a conviction of having no reasonable doubt as to the facts charged, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). B. According to the records, the following facts may be acknowledged.

① On August 3, 2017, the aggrieved party heard the speech that he/she will use only at night during a week from a customer to be accommodated in Fho Lake, and received 840,000 won (=120,000 won x 7 days) from the account. The said customer on the day is the day.