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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
1. From November 2014 to October 2017, the Defendant was engaged in the sales of travel products, the recruitment of customers, and the collection of travel expenses, while working as a member at the “D” tourr in the operation of the victim C located in Seongbuk-gu Seoul Metropolitan Government B and IV.
When the defendant concludes a travel contract by soliciting customers, he/she shall receive travel expenses, etc. under the contract through the bank account under the name of E, a public account used by the above travel agency, and use them in accordance with the prescribed purpose, and even if he/she is paid travel expenses, etc. to another account, he/she shall immediately deposit them into the designated account and use them in accordance with
On December 20, 2016, the Defendant received the travel expenses of KRW 3,132,80 from G, a customer, to the account in the name of the Defendant at will, and had the victim keep the travel for business on behalf of the victim.
In such a case, the Defendant immediately deposited 276,760 won, which is a part of the transferred money, into the public account of the travel company, but only deposited 2,856,040 won, and arbitrarily used 2,856,040 won, which is the remainder, for personal purposes, from October 13, 2017 to October 13, 2017, received 231,150,947 won from the customers as shown in the attached crime list (1) and used only 108,201,092 won, which is a part of the money, in accordance with the prescribed purpose by remitting it to the public account of the travel company, and embezzled 122,94,855 won, which is a part of the money, for personal purposes, such as gambling expenses.
2. On September 2017, the Defendant, including electronic records, transferred the airline’s reservation site from H program using a computer used by himself/herself to pretend that he/she purchased aviation tickets according to its intended purpose, even if he/she arbitrarily used travel expenses received from customers at the above tourman at his/her early stage.