A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From August 2016, the Defendant assisted the exchange business of the victim C and engaged in the storage and delivery of money to exchange in the Chinese Marcar from around 2016.

On October 1, 2016, at a casino in the Chinese Marcar D hotel around October 1, 2016, the Defendant received a request from the French customers to exchange USD 200,000 from the French customers (Korean Won 29,200,000) and made the victim deposit the Korean currency equivalent to the above red bean account into the above French customers, and kept the above USD 200,000 for the victim.

around 16:00 on October 1, 2016, the Defendant embezzled USD 200,000 from the Chinese Mara E hotel to use it for the instant red games.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A copy of a text message;

1. Investigation report (Confirmation of the amount of damage reflecting the exchange rate on the day of the instant case) / (The defendant's defense counsel stated that since the defendant kept USD 1 of this case for the purpose of exchanging casino gambling money in accordance with the victim's instruction, this constitutes illegal cause salary and thus, even if the defendant consumed it at will, the crime of embezzlement cannot be established. However, although the defendant was employed by the victim who has engaged in money exchange business in Makao and provided mainly assistance to money exchange business, foreign exchange management is a provision which limits foreign trade to be freely allowed at will in order to promote the development of the national economy;

Even if the act does not affect the validity of the private law (see, e.g., Supreme Court Decision 2006Da47677, Mar. 26, 2009); foreign currency transactions in violation of the Foreign Exchange Management Act do not constitute an act that violates good morals and other social order; and even if the victim mainly operated illegal exchange business against the travels who have come into the Republic of Korea, the victim operated only the business exchanging only for the purpose of gambling money.

Any person may be determined by law.