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 person who, from November 9, 2015, worked as a business member of the victim (state)B from around November 9, 2015, has been engaged in business and fund management, such as selling the products of the victim company to the customers and receiving payment for the sales proceeds.

피고인은 2018. 2. 20.경 충북 충주시에 있는 C에 피해자 소유인 D 28웍 프라이팬 1,300개를 개당 13,500원에 판매하고, 2018. 2. 26.경 그 판매대금 17,550,000원을 자신 명의의 기업은행 계좌(E)로 입금받아 피해자를 위하여 업무상 보관하던 중 임의로 개인 채무 변제 등으로 사용하여 횡령한 것을 비롯하여, 그 무렵부터 2018. 9. 20.경까지 사이에 별지 범죄일람표 기재와 같이 물품 판매대금 합계 37,375,000원을 피해자 회사를 위하여 업무상 보관하던 중 임의로 사용하였다.

Accordingly, the defendant embezzled the property owned by the victim in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint, account transaction statement, and tax invoice of the bank for bankruptcy;

1. The application of statutes to the A Embezzlement, the details of damage transfer, the details of transactions in the corporate bank account in the name of the suspect, and the investigation report (related to the suspect's bitco-investment);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Occupational Embezzlement) (Occupational Embezzlement) (Occupational Embezzlement). Embezzlement/Misappropriation (Type 1) (No person in charge of embezzlement/Misappropriation) less than KRW 100 million (no person in charge of special punishment) (the scope of recommendations and recommendations), the basic field of crime (the scope of recommendations and recommendations), and April through April 14 months;

B. Type 2 (Occupational Embezzlement) is a crime of embezzlement and breach of trust (a decision of type).