From July 2014 to September 30, 2016, the Defendant has been engaged in the business of managing the warehouse and selling price of alcoholic beverages of the victim limited partnership company D, which was located in Gangseo-gun C, Gangwon-do.

The Defendant received totaling KRW 723,693,156 from August 7, 2014 to September 30, 2016 from customers of the victim company including E, and from F, who were employees of the victim company, etc., and kept in the Defendant’s agricultural bank account in the course of business after receiving KRW 723,693,156 of alcoholic beverage sales proceeds. On August 9, 2014, the Defendant voluntarily consumed KRW 124,61,532, total amount of KRW 856 from August 9, 2014 to September 30, 2016 as indicated in the list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to I and F;

1. Complaint;

1. A letter of commitment for payment;

1. Application of Acts and subordinate statutes to the specifications and account details of each transaction;

1. There is no person who is subject to special sentencing [the sentence] in the basic area (one to three years) of the punishment (one to one year) under Article 356, Article 355(1) of the Criminal Act regarding the relevant criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, Article 2 of the grounds for sentencing [the scope of recommended punishment] [the scope of punishment] [the sentence] [the defendant is recognized to commit the crime of this case] under favorable circumstances such as the fact that there is no record of punishment for the same kind of crime, the damage amount was committed for a long time without a large amount of damage, the fact that there was an agreement with the victim or failure to fully repay the amount of damage, other unfavorable circumstances such as the defendant's age, family relation, sex, environment, the background and result of the crime of this case, the circumstances after the crime, etc., and all the sentencing conditions indicated in the record and the theory of change shall be determined as the sentence as per Disposition.