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

Punishment of the crime

[2014 Highest 1903] The Defendant was employed as a delivery member of a Chinese restaurant to raise living expenses, etc., and had been engaged in the collection of food expenses from customers, while serving in the collection of food expenses.

1. On January 1, 2014, at around 09:00, the Defendant, employed the victim D (E) located in the Gangseo-gu Busan Metropolitan City C apartment commercial building as the delivery source, delivered food, and embezzled the food amount of KRW 200,000 in total, which is the sum of the food amount collected from customers at around 13:30 on the same day and KRW 1,650,000 in the market price, which is the victim’s ownership, for use as living expenses, etc. while he/she was in custody for the said victim.

2. On January 22, 2014, at around 08:00, the Defendant employed the victim H in Busan Young-gu G as a delivery facility and delivered food to the Chinese restaurant operated by the “I”, and embezzled the total sum of KRW 108,000,000, which was collected from customers on the same day at around 13:00 on the same day.

3. On February 5, 2014, at around 09:00, the Defendant, employed the victim K in Busan, working for a “L” restaurant operated by the Busan, the Busan, and delivered food to the Chinese restaurant, and then embezzled KRW 170,000, the sum of the food cost collected from customers on the same day at around 19:00 on the same day, to use it as living expenses, etc. while on duty for the said victim.

[200] On November 13, 2013, the Defendant stated that “If the Defendant, a business owner, who works for the Defendant in Busan-gu M, lent one million won deposit in writing, he/she will pay 300,000 won in monthly pay.”

However, in fact, the Defendant had the intent to receive money from the above businesses without think of the work, so even if he borrowed money from the victim, he/she shall have the intention or ability to pay the money.