On March 25, 2012, the Defendant: (a) entered into a contract for vicarious operation of the E Barte D stores with the intent to receive sales profits calculated at a certain ratio from the victim each month after selling golf products supplied by the victim E from the Daegu Dong-gu, Daegu-gu; (b) entered into the contract for vicarious operation of the E Barte D stores on behalf of operating the E Barte D stores, and engaged in the sale of golf products owned by the victim and the collection of proceeds.

On June 2014, the Defendant arbitrarily transferred golf products, such as golf products, golf banks, and golf pipes, equivalent to the total market value of KRW 91,602,773, which was owned by the victim and kept in custody for the victim, to a manufacturer of golf products with the trade name of “G” on the fourth floor of Daegu-gu, Daegu-gu, and sold them to H, etc. from around that time to December 2014.

As a result, the defendant embezzled property owned by the victim in breach of occupational duties.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

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

1. Statement made by the police officer on I;

1. Application of Acts and subordinate statutes in relation to inventory-related data, details of account transactions, and investigation reports (Submission of a civil or private judgment);

1. Relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act on the basis of sentencing [the scope of applicable sentences under law] 1 to 10 years [the decision of a sentence] of imprisonment [the decision of a sentence] 1 to 10 years [the decision of a sentencing] of embezzlement and breach of trust / [the scope of recommended sentence] / [the scope of recommendation] 4 to 1 year / [the general person] - the case of embezzlement of aggravated factors / [the case of suspended sentence] - The principal reasons for principal mistake : negative agreement - there is no effort to recover negative damage: The general participation reason - there is no criminal record above the suspended sentence / [the decision of a sentence] 10 million won, considering that the defendant did not make full efforts to recover damage even if he embezzled property equivalent to 9 to 10 million won.