A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who operates the 6th floor of the Gangnam-gu Seoul Metropolitan Government "D" travel agency, recruited travel agents through advertisements, etc., received travel expenses, and arranged overseas golf travel.

On July 2014, the Defendant sent a text message to the victim E at the above tourman on July 2014, the Defendant sent it to the victim E, “3 gambling 4 days in China, and 9.4 million won per capita, including visa,” and the Defendant sent KRW 18.8 million to the Defendant’s bank account (F) in the name of the Defendant, including the victim E, for the victim’s KRW 10 of the total travel expenses from 10 of the daily travel expenses to 10 of the daily travel expenses, on July 26, 2014 to 29 of the same month (3 gambling 4 days).”

However, on July 31, 2014, the Defendant was unable to promote golf travel more than the existing travel expenses due to changes in the circumstances of local travel agencies, etc., and the Defendant agreed to cancel the travel contract with the victim’s understanding and to return the travel expenses to the victim. As such, the Defendant kept 18 million won, which is the amount equivalent to the travel expenses, for the victim.

However, the defendant did not return the above 18.8 million won to the victim and used it at his own discretion under the name of refund to other customers who agreed to the travel goods by the defendant's travel company around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the E Statement);

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of the complaint, dismissal of payment

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] Article 62(1) of the Criminal Act, the basic area (4 to 1 year and 4 months) (4 months) (the decision of sentencing) is the same as the defendant.