A defendant shall be punished by imprisonment for not less than five 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

1. On November 21, 2017, the Defendant: (a) around 06:38, the Defendant: (b) entered the password of the entrance entrance of the 4th floor of the D hotel support team office in Gangwon Yangyang-gun, Yangyang-gun; (c) opened a door to the 4th floor of the D hotel; and (d) used the key to the above office and used the key to the Defendant’s bank in possession of the said office and stolen the amount of KRW 8,338,90 in cash managed by E as owned by the victim D hotel and owned by E.

Accordingly, the defendant stolen the cash of the victim by intrusion upon the victim's structure at night.

2. The Defendant is a person who, from November 13, 2017, worked as the team leader of the said hotel support team at the D hotel managed by the said E in Gangwon Yangyang-gun, and was engaged in fund management, general affairs, etc.

On November 18, 2017, the Defendant: (a) received KRW 5,265,00 from the above D hotel annual meeting of the Defendant around November 18, 2017; (b) received cash from a depository located in the above hotel support team office as described in the above paragraph (1) around November 21, 2017; and (c) arbitrarily used it for the purpose of repaying the personal debt to the non-registered bond company located in Incheon Metropolitan City on November 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by the police with respect to E and F;

1. Investigation report (verification of hours during which the relevant crime was committed, hearing of victim's telephone statement, hearing of witness's statement by telephone);

1. Application of the Acts and subordinate statutes concerning the entry into CCTV photographs and CCTV;

1. Relevant Article 330 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act was committed by the Defendant who was responsible for the management of funds for the victim and embezzled money.