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

The Defendant, at around June 10, 201, entered into a clothing consignment contract with the injured party B, Inc. and the Defendant’s wife C, and sold the clothing and operated “D” on condition that 18% of the sales proceeds be paid as sales commission.

The Defendant stated in the indictment on June 17, 201 as “F., Jun. 10, 2011.” However, the actual operation was from “F., Jun. 17, 2011” (see, e.g., evidence records, pages 61, 77, etc.), which is deemed a clerical error and corrected.

From around January 16, 2013 to around January 16, 2013, “D” was placed on consignment and stored in the amount equivalent to KRW 51,93,350 of the clothing owned by the injured party B, which had been sold, and the sales amount was arbitrarily consumed for personal purposes, such as personal debt repayment, etc. by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by reference materials);

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the victim has not been punished due to the repayment plan of the accused or has not been convicted