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

From March 1, 2012 to May 30, 2015, the Defendant served as a manager at a store operated by the victim D Co., Ltd. in Daegu-gu C Hospital funeral hall (Seoul-gu), and was engaged in sales management and receipt and disbursement work.

The Defendant received all or part of the price of goods from customers in cash, entered a reduced amount of money from the actual sales in the cash settlement terminal (hereinafter “so-called “s”; hereinafter “s”), and sentenced the Defendant to arbitrarily use part of the cash sales by depositing it into the victim’s account as much as the reduced amount of money entered.

On March 10, 2012, the Defendant received the payment in cash equivalent to KRW 1,265,00 from E, a customer of the above funeral hall general (206) and kept in custody for the victim. The Defendant embezzled the sales amount of KRW 1,065,300 on November 05 of the same day by arbitrarily consuming the amount of KRW 1,065,00 to the victim’s account and using the remainder of KRW 200,000 to the victim’s account, from around April 28, 2015.

Summary of Evidence

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

1. Statement made to F in the police statement protocol;

1. Application of each Act and subordinate statutes written down on the list of crimes, personnel records cards, written confirmations, etc. on February 3, 2013, written confirmation of the fourth-story restaurant order, etc. on January 4, 2015, written confirmation, etc. on the fourth-story restaurant order, etc. on August 6, 2013, written confirmation, etc. on the fourth-story restaurant order, etc. on August 6, 2013, written evidence collection receipts, written statements, written statement of payment of the amount of embezzlement, written statement of payment of deposits, receipt, etc.

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (see, e.g., Supreme Court Decision 2007Da1148, Apr. 2, 2007).