A defendant shall be punished by imprisonment for six months.

The defendant pays 400,000 won to an applicant for compensation.

3.2

Punishment of the crime

[2013 Highest 1102] The Defendant, from April 22, 2012, has been engaged in the delivery and collection of food as a delivery facility of a restaurant with the trade name of “E” operated by the victim C in Daejeon Seo-gu D.

around 00:50 on April 25, 2012, the Defendant, within the above restaurant, embezzled the sum of KRW 370,000,000, which was delivered from around 18:00 on the day before 18:00 to customers and received from them for the exchange of money, and KRW 30,000,000, which was received from the victim for the purpose of exchanging money, on behalf of the victim, used it for personal purposes, such as accommodation, around that time.

[2013 Highest 1549]

1. Around 05:20 on March 7, 2012, the Defendant obtained a total of KRW 123,000,000 on the said date by accessing the Internet game site at the “H” restaurant operated by the victim G in Daejeon P, and by entering the said restaurant number (I) and the victim’s wife’s resident registration number into the said restaurant and the victim’s wife’s wife’s address registration number without authority, in order to charge the cyber game money, at the “H” restaurant operated in Daejeon, the Defendant obtained a financial benefit of KRW 123,000 on the said date by allowing the said restaurant and the victim’s wife to settle under the name of purchase of the game money.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

2. Occupational embezzlement;

A. On April 1, 2012, the Defendant arbitrarily consumed KRW 432,00,00, a sum of KRW 332,000, which was possessed for the purpose of exchanging food and cash and KRW 100,000, while working as a delivery store at the above H’s restaurant, while serving as a delivery store, and engaging in the business of delivering food and collecting money, for personal purposes.

B. On May 13, 2012, the Defendant was engaged in food delivery and collection business while serving as a delivery source at a “M” restaurant operated by the victim L, which is located in Daejeon Sung-gu K.