A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to one year of imprisonment for embezzlement and two years of suspended execution at the Seoul Eastern District Court, and the said judgment was finalized on May 24, 2013. On December 11, 2013, the said judgment became final and conclusive on September 4, 2014, and on October 23, 2014, the said judgment became final and conclusive by having been sentenced to four months of imprisonment for a crime of fraud in the same court.

[2015 Highest 234] The Defendant: (a) retired while working as a C&D employee from June 1994 to August 2012; and (b) did not have any authority or responsibility with respect to C&D membership; and (c) even if the Plaintiff received the container membership and a certificate of seal impression from C/D, he/she sold the container membership to another person and used the sales proceeds individually.

Nevertheless, around April 2013, the Defendant, at the “F” restaurant located in Seocho-gu Seoul Metropolitan Government, made a false statement that the victim D should be replaced with a bearer membership that can be used by anyone, with the victim’s registered membership, and then, the Defendant received the victim’s registered membership and a certificate of personal seal from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2015 Highest 825] The Defendant served as an employee of the Large Leisure Industry from June 1994 to August 2012.

On February 2, 2012, the Defendant received a request from the said victim to the effect that “I” office in the “I” office in the operation of the Victim H located in Chungcheongnam-si, Hanam-si, sold the money to J and then used it as an intermediate payment for the purchase of contact membership.”

Accordingly, on August 3, 2012, the Defendant sold Kiart Memberships owned by the said victim to L, while being transferred one million won to the bank account in the name of the Defendant around August 3, 2012, and embezzled the money by arbitrarily consuming it by living expenses, etc. around that time.

Summary of Evidence

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