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

On October 2017, the Defendant: (a) received 65,00 clothes 65,00 from the victim’s Mat, and sold them before the Mat; and (b) concluded a consignment sale contract with the intent to return the money to the victim; (c) however, the above clothing was kept in front of the Mat because it was not in a state of normal sale, and thus the above clothing was not in a state of normal sale.

On December 29, 2017, the Defendant, after selling the clothing kept in custody with the victim to a third party, agreed to pay 30 million won of the clothing sales price to the victim by January 22, 2018.

On December 29, 2017, the Defendant sold 65,000 clothing 65,00 of the market price of the Mat in front of E through E, and received 10,000,000 won as the price for clothes sales from E and embezzled it at will without delivering it to the victim while keeping it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, C, and F;

1. Investigation report (to hear statements from persons for reference, hear statements from each complainant, hear statements from persons for reference E, have telephone conversations with complainants, telephone conversations with persons for reference, G and telephone conversations);

1. Application of Acts and subordinate statutes, such as a complaint and written confirmation;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The execution of sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is to be determined by taking into account the following circumstances as well as the age, character and conduct and environment of the defendant, relation to the victim, motive, means and consequence of the crime, circumstances after the crime was committed and the execution of the sentence is to be suspended.

Unfavorable circumstances: The embezzlement amount is a considerable amount of KRW 10 million, and the victim's damage has not been recovered: Provided, That the defendant shall be the defendant on September 17, 2020.