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

The Defendant is a manager who exercises overall control over the sales of clothes, inventory management, etc. in the victim D’s “E” store on the second floor of the department store in Seongbuk-gu, Sungnam-si, the Defendant is a person who has a relationship of keeping the clothing sold in the store for the victim’s business.

On January 1, 2017, the Defendant: (a) by recognizing the bar code on the “Kenya” attached to the clothing and understanding the inventory; (b) induced customers to pay in cash when purchasing goods in cash; (c) induced customers to pay in cash; (d) attempted to cut the block level of the clothing purchased by the customers and keep the clothing in a manner as if the clothing was not sold; and (e) used to consume the clothing amount received from the customers for personal consumption; and (e) from then to June 15, 2018, the Defendant sold the clothing amounting to KRW 199,240,000, total market price of the clothing amount of KRW 95,000, which was kept on business for the victim, as described in the separate list of crimes, from June 15, 2018.

Accordingly, the Defendant embezzled the property amounting to KRW 199,240,000, which was kept on duty for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommendations], the scope of the punishment for embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], the reduced amount of punishment, or the amount of less than 500 million won: the reduced amount of punishment [the scope of recommendation areas and recommendations],

3. Sentence;