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.

The defendant has been engaged in the business of delivering alcoholic beverages to customers as employees of the victim limited company B, and managing goods by receiving payments.

On November 16, 2016, the Defendant received KRW 330,000 from C, a customer, to the Agricultural Cooperative Account under the name of the Defendant, and used it for the victim's business. At that time, the Defendant was arbitrarily used for his personal debt repayment.

In addition, the Defendant, from November 13, 2016 to February 3, 2017, received total sum of KRW 26,265,390 from the Customer on 39 occasions as stated in the list of crimes, and embezzled the property of the victim for personal use while being kept for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the basic area [the scope of the recommended punishment] under the category 1 (less than 100 million won) of the embezzlement crime; four months to one year and four months;

2. The Defendant, who made a decision to sentence sentence, voluntarily consumed KRW 26,265,390 out of the sum of the sum of the sum for three months, on the basis that he/she will be in charge of the collection of money at the victim company. The fact that the sum of the above embezzlement is small is not small, is unfavorable to the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has recognized his mistake and reflected, the fact that the defendant partially repaid the money and paid 20 million won from the Credit Guarantee Fund seems to have been significantly restored to the victim's damage, and that there is no record of criminal punishment exceeding the fine, etc., the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and crime.