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

The Defendant, as the actual operator of Schlage’s trade name, “DMa” in Kuju-si, has been engaged in the business of settling accounts of the sales fees of the said Schlage and paying to the lessee.

On July 10, 2013, the Defendant: (a) leased stores to the victim E to sell clean, crypt, crypt, and dry fish in the instant Schlage stores; and (b) concluded a sales contract with Cheongbu, Pump, Pump, and Pump, deducting 8% of Cheongbu, Pump, Pump, and Pump, and 10% of dried fish sales from the store; and (c) concluded a sales contract with the payment of the remainder of the sales to the following day; (d) the Defendant had the duty to pay the remainder after deducting the agreed fee if the sales occur in the leased stores by the following day.

Nevertheless, the Defendant violated the above occupational duties and paid only part of the fixed amount calculated under the above contract from July 10, 2013 to December 24, 2015 to the victim, and did not pay the remainder of KRW 9,309,471, and around that time, arbitrarily consumed the amount of KRW 99,309,471 as its operating expenses, etc., thereby obtaining property benefits equivalent to KRW 99,309,471 and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A copy of a fee contract, a copy of a sales floor fee contract, and a certificate of deposit;

1. Application of Acts and subordinate statutes, such as the details of daily sales in DNA;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Class 1 of Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] where the mitigated area (one month to October) [the person who has been specially mitigated] [the person who has been unable to punish] or significant damage (the decision of the suspended sentence] is six months of imprisonment, and the defendant for two years of suspended sentence was inflicted property damage on the victim by 90 million won during two years, and the damage has not yet been recovered.