A defendant shall be punished by imprisonment for not less than three 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, from February 2016 to October 2017, has been engaged in delivery and settlement of accounts as the “E” food delivery center for the victim D in Mapopo City C’s operation from February 2, 2017.

On December 1, 2016, the Defendant received an order telephone on December 11, 2016, and entered the details of the order into the Kabter computer in the above restaurant, delivered food, and collected KRW 19,500 as food costs from customers.

While the Defendant was in custody of the above food costs for the victim in the course of business, the Defendant deleted the above order details from the above 17:17 on the day, and consumed the above food costs for personal purposes, such as gambling expenses, in mind.

From December 1, 2016 to October 8, 2017, the Defendant consumed the total of KRW 10,031,500,000, which had been kept for the sake of the victim, by making a fee from customers by the same method over a total of 390 occasions, as indicated in the list of crimes, in mind.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. In light of the fact that a criminal act continues to be committed for a long period of time on the grounds of sentencing under Article 62(1) of the Criminal Act, the liability for the crime is not easy, but it is decided as ordered by taking into account the following: (a) the Defendant’s mistake is against the Defendant; (b) the agreement was made with the victim to pay the amount in installments; (c) the Defendant did not have any same record and no record of punishment other than once the fine was imposed;