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

From August 1, 2006 to June 27, 2020, the Defendant worked for the victim limited liability company C (hereinafter “victim Company”) which is the supplier of alcoholic beverages in Asan City B, and was in charge of delivery and collection of alcoholic beverages.

Around May 29, 2020, the Defendant: (a) collected cash 2,641,200 won from E operating a restaurant as a customer restaurant at Asan City (hereinafter referred to as “Asan City”); and (b) used it for personal purposes, such as repayment of debts, etc. around that time; and (c) embezzled it by arbitrarily consuming the total amount of KRW 15,959,420 from 14 business customers until June 26, 2020, as shown in the attached list of crimes, from around June 26, 202, from among the amount of alcoholic beverages worth KRW 15,959,420 as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint filed for G production;

1. Application of statutes, such as a trader's certificate;

1. Article 356 of the Criminal Act and Articles 356 and 355(1) of the Criminal Act (the law of criminal administration is identical and the criminal intent is continuous) and choice of imprisonment with prison labor

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for not less than four months but not more than one year and four months (decision of a type): Embezzlement and breach of trust (Type 1) for the crime of embezzlement and breach of trust: [no person in special form] below 100 million won [no person in special form] [the scope of recommendations and recommendations]: April to April.

3. The Defendant: (a) voluntarily embezzled the funds of the victim company; and (b) used the funds in his/her own cost of living.

In light of the criminal law, the quality of crime is not good.

There was no particular effort to recover damage.

However, the defendant seems to have led to the confession and reflect of the crime of this case.

There is no power of punishment heavier than a fine.

The age, character and conduct, environment, and environment of the defendant.