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.

The Defendant is a person who works for the director in F’s “F” operated by the victim E from February 5, 2013 to April 25, 2017 and was in charge of managing customers and collecting money.

On 2015, the Defendant began to teach with women in internal relations with the Defendant, resulting in shortage of living expenses, etc., the Defendant used the relationship with the customer, in order to receive the transaction money from the Defendant to the deposit account in the name of the Defendant or to embezzled it by receiving the payment in cash.

On February 16, 2016, the Defendant received KRW 1,950,000 from G, who is a business partner, to a new bank deposit account in the name of the Defendant, and used KRW 1,915,00 for personal purposes, such as repayment of debts and living expenses, during the course of performing duties for the victim, at his/her own discretion, from April 1, 2017, the Defendant arbitrarily consumed KRW 38,681,40 for personal purposes, such as in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on details of transactions, such as details of deposits, current status of execution, and sales;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Although the amount of embezzlement for the reason of sentencing under Article 62(1) of the Criminal Act is a large amount of the suspended sentence, the sentence shall be determined as ordered in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, sex, environment, etc., by taking into account the following factors: (a) although the defendant's mistake is against his/her own mistake and fully pays the amount of damage and agreed with the victim; (b)