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

Punishment of the crime

[criminal record] On September 3, 2015, the Defendant was sentenced to one year of imprisonment for the crime of embezzlement in the Daegu District Court Kimcheon Branch on the ground of occupational embezzlement and completed the execution of the sentence in the Kimcheon Juvenile Prison on June 10, 2016.

[2] The Defendant is a person who, from November 19, 2017 to January 16, 2018, served as a Kabter management worker in the “D hotel management worker” of the victim’s operation in Daegu-gu, Daegu-gu, as the employee of the Kabter management worker. The Defendant is a person who was engaged in the business of managing hotel reservations and pre-contracts by receiving pre-contracts from customers to the account in the name of the victim who is the representative at the time of entry.

On January 4, 2018, the Defendant: (a) contacted E, a customer, to make a prior promise to hotel; (b) sent a text message stating “120,000 won of the pre-contract to the Agricultural Cooperative Account in the name of F (Account Number: G) in the name of the Defendant,” using his/her mobile phone; and (c) received a remittance of the pre-contract to the said account.

The Defendant did not deliver the money received from the clients as a pre-contract to the victim, and used the money for personal purposes, such as food expenses, etc. at an unsound place from around that time to January 14, 2018. The Defendant received total of KRW 670,000 from the total amount of the pre-contracts over four occasions in the same manner as the written list of crimes in the attached Form from around that time to around January 14, 2018 and voluntarily consumed it as living expenses, etc.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a pre-paid text message photograph, or a copy of a passbook with the National Agricultural Cooperative;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. The Defendant has several reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.