A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2015 Godan1626] On May 30, 2010, the Defendant made a false statement to the victim C (name D after the opening of the name) at the coffee shop located in Gangnam-gu Seoul Metropolitan Government, Seoul, stating that “The father, who is a fluor, has no money to use the fluor by leaving his credit card, will repay two months after the lending of 2 million won. He operates the fluor lending store and head office in Gangnam-gu, and his father also operates the fluor's branch and head office, and his father has considerable financial power to own real estate, etc. in Gangnam-gu.”

However, the fact was that the defendant did not operate a prestigious lending store or head office and was unable to receive financial assistance from his father, and there was no particular occupation and property, and there was no intention or ability to repay the money even if he received money from the victim.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 31,90,206 in total over 41 times from the victim to March 3, 201, such as the statement in the annexed Crime List (1).

[2015 Height3118] The Defendant, from November 2012 to February 2014, worked as the employee of the “G” restaurant operated by the victim E from November 2012 to February 2014, was engaged in sales management as a sales manager from February 2013.

From June 2013 to February 2014, the Defendant, while managing a sales entry terminal in a restaurant, received the cost of delivery food from the delivery staff in cash and kept it for the victim. The Defendant, as indicated in the “other card” column as if the cost of delivery food was settled by credit card, obtained the total amount of KRW 42,410,366, as indicated in the list of crimes (2) in the manner in which he/she owns the cost of delivery food.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

(b).