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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. The Defendant, in the course of occupational embezzlement, served as a member of a limited liability company C located in Yongsan-gu, U.S. as the victim limited liability company B, and served as a member of the business. From May 1, 2013 to December 31, 2015, the Defendant supplied alcoholic beverages to the customer of the victim company and received alcoholic beverages from the victim company to the customer.

On May 2, 2014, the Defendant collected KRW 16,536,020 from the operator F of the above restaurant at the “E” restaurant located in Mapo-gu Seoul Metropolitan Government, and embezzled the above amount for the purpose of personal debt repayment and living expenses of the Defendant, etc. from around that time to December 31, 2015, including arbitrarily using it for the purpose of the victim company’s personal debt repayment and living expenses. From that time, the Defendant collected KRW 85,562,723 in total over 31 times, as shown in the attached Table 1 of the List of Crimes, and embezzled it for the victim company by using it for the purpose of personal debt repayment and living expenses of the Defendant.

2. The Defendant was discovered to have embezzled the money owned by Limited Company C, as stated in the preceding paragraph, and was unable to perform his/her duty of receiving liquor payments from January 1, 2016.

Nevertheless, at the main point of “H” located in Mapo-gu Seoul Metropolitan Government on February 25, 2016, the Defendant, even if the Defendant did not have the right to collect liquor for the victim company any more and was planned to use it as the Defendant’s living expenses, etc., the Defendant received 680,000 won on the same day from the victim who was the operator of the above main point as the liquor price, and acquired 17,540,000 won in total from the victims as the liquor price for five times from June 30, 2016, including the fact that the Defendant received 680,000 won from the victim as the liquor price for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Certificate of Customer and Director of Claim.