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Defendants shall be punished by imprisonment for six months.
However, as to the Defendants, the period of one year from the day when this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendants have been engaged in the business of selling alcoholic beverages, receiving money, and paying a daily allowance for female employees (hereinafter referred to as the “commencing allowance”) to those who have worked as the head of the business office at the “E” entertainment shop for the operation of the victim D in Suwon-gu Busan Metropolitan City.
1. On December 24, 2014, the Defendants conspired to arbitrarily consume part of the nominal cash, such as the cost of business owned by the victim, which was kept in the depository for the victim, while drinking alcohol in the vicinity of the “E” at the seat of the new wall, for the sake of the victim.
Defendants enter the above main points of around 06:10 on the same day, and Defendant B does not take the amount equivalent to KRW 1,200,000 in cash owned by the victim in the treasury.
The defendant A delivered it to the defendant, and the defendant A used it for personal purposes around that time.
Accordingly, the Defendants conspired and embezzled the victim's property.
2. On December 21, 2014, Defendant A, while drinking alcohol in the vicinity of the “E” station around the new wall, had the intent to arbitrarily consume part of cash in the name of the victim, such as operating expenses owned by the victim and others, which were kept in the treasury for the victim. On the same day, around 05:00 on the same day, Defendant A used cash equivalent to KRW 3,200,000, which is the victim’s possession in the treasury, for personal use around that time.
Accordingly, the defendant embezzled the victim's property.
3. Defendant B, at the main point of “E” around September 23, 2015, intended to arbitrarily consume part of cash in the name of the victim, such as operating expenses, etc. owned by the victim, which was kept in custody in the treasury for the victim, and prepared a daily account book as if he were to be used for purchase of drinking water, and subsequently, made up an amount equivalent to KRW 267,00,000, which is owned by the victim.
In addition, from around the above day to November 30, 2015, the total sum of KRW 2,557,000 was embezzled on six occasions, as shown in the list of crimes in the attached Table, including the embezzlement of it for personal purposes.