A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the producer of the “E” health club operated by the victim D, and has been engaged in the registration fee of the said health club and personal leson’s non-payment business.

On January 1, 2016, the Defendant embezzled the sum of KRW 23,042,00,000, which was kept for personal use from members G, in the above “E” club with the F5th floor in Sungnam-si, Sungnam-si, for the sake of membership registration fees and personal recreation expenses, and was kept for the victim. Around that time, he/she arbitrarily consumed and embezzled it for personal use without delivering it to the victim, and until February 13, 2017, as shown in the list of crimes in the attached Table, from around 39 times until February 13, 2017, by arbitrarily consuming the sum of KRW 23,042,00,00 which was kept for personal use for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (Submission of a statement of deposits and withdrawals from a national bank account of a suspect, confirmation of whether a person deposits into a suspect's bank account is a member, results of confirmation of data on suspect's statement, and application of a written confirmation of details

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order is committed by the defendant himself/herself;

The sum of 23,042,00 won and the sum of 23,042,00 won collected from the members of a health club is embezzled, and the nature of the crime and the amount of damage are heavy in light of the details and methods of the crime, the amount of damage, etc.

On the other hand, the fact that the defendant reflects his mistake, that the defendant agreed with the victim, and that the defendant is the first offender who has no record of punishment is favorable to the defendant.

The defendant's person, including various favorable or unfavorable circumstances to the above defendant.