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

The Defendant is a person who is engaged in the first retail business with the trade name “D” in Ycheon City C.

On August 13, 2014, the Defendant received a consignment sale from the victim E through an auction on the basis of the appraisal and result of the six roots of mountain ginseng from the victim E.

According to the terms and conditions of the consignment contract prepared by the Defendant and the victim, the goods shall be kept by the Association until the sales is completed, and the requester for sale may request the return at any time. Since the appraisal is based on the appraisal price, and the appraisal is decided as a result of appraisal by the appraiser commissioned to the Association, the victim did not enter the amount in the desired price column. Therefore, the Defendant must promptly explain it to the victim if it is impossible to do so, and then confirm whether the consignment contract will be maintained by promptly explaining it to the victim if it is not possible, and whether it wants to return the mountain ginseng. However, around August 27, 2014, the Defendant sold the mountain ginseng of this case to F without obtaining the consent of whether to sell the mountain ginseng of this case to the victim and the desired sale price.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against A (including the G and E part of the statement);

1. The prosecutor's statement concerning the F;

1. The police statement of H;

1. A contract for entrustment requested;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations based on the sentencing criteria: April to April of imprisonment.