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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a general manager of D, an entertainment drinking house operated by the victim C in Japan, and a person who has been in charge of affairs related to the overall operation of entertainment drinking houses, such as wages and management of employees.
1. Occupational embezzlement;
A. From January 2014 to October 2010 of the same year, the Defendant embezzled the advance payment of KRW 200,000 ( approximately KRW 3,795,100,000) that ought to be paid to E (i.e., the primary employee of E (F) in the instant entertainment drinking club operated by the victim for personal purposes, such as the repayment of the Defendant’s bonds, without paying to E, and embezzled it for personal purposes. Around that time, the Defendant embezzled the advance payment of KRW 200,00,00, which ought to be paid to G (H) of the said entertainment drinking club employees by the same method.
B. Around July 2014, the Defendant embezzled the sum of KRW 1,952,000 in total six times, as shown in the attached Table 1, from that time until October 201 of the same year, when he received 408,00N, which is a six-month salary for the main employee I (one-person “J”) from the victim, and kept in his duties, for personal purposes, such as repayment of the Defendant’s bonds, and embezzled it.
C. Employees of the embezzlement and entertainment taverns for the return of retirement benefits have received advance payment from the victim in the course of employment and have not paid advance payment at the time of retirement (i.e., return of retirement benefits).
From January 2014 to October 20 of the same year, the Defendant voluntarily consumed the advance payment of 210,000N, which the Defendant, a main employee of the said entertainment drinking club, for personal purposes, such as repayment of the Defendant’s bonds, while retired from office, and embezzled it for the victim. In addition, paragraphs 2 and 6 of the attached Table 2 of the crime sight table 2 around that time.