A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

On April 1, 2010, the Defendant was sentenced to one year of imprisonment for occupational embezzlement at the Seoul Northern District Court, and the execution of the sentence was terminated on February 1, 201.

1. From May 8, 2013, the Defendant, from around 09:00 to around 09:0, worked for “E” operated by the victim D in Eunpyeong-gu Seoul, as delivery employee, while engaging in food delivery and collection business.

At around 15:00 on the same day, the Defendant, at around 171,50 won and the market value of KRW 2,070,000, and the FCA110, which have been kept for the above victim, embezzled the above price and the Obaba.

2. The Defendant violated the Road Traffic Act (unlicensed driving) from around 09:00 on May 8, 2013 to around 15:00 on the same day, while delivering food to the Eunpyeong-gu Seoul Metropolitan Government for about 13 times from around 09:0 on May 8, 2013, the Defendant driven FCA 110 Oba without a driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation reports (in cases of attaching photographs of purchased books), investigation reports (related to the cancellation of a driver's license of a suspect and administrative notification);

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (report on the number of suspects and the status of confinement);

1. Relevant legal provisions concerning facts constituting an offense, Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the punishment of imprisonment), and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. Article 35 (Offense of Occupational Embezzlement) of the Criminal Act among Cumulative Offenses

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. The grounds for sentencing under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) include not only the criminal history of having been punished several times as a crime of occupational embezzlement, but also the criminal history of having been sentenced as a crime of occupational embezzlement after having completed the sentence.