except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The Defendant, as a business member of the Victim C Co., Ltd. located in Daegu Suwon-gu B from December 20, 2012 to April 3, 2014, has been engaged in the sales and collection of alcoholic beverages of the said company.

On November 1, 2013, the Defendant: (a) collected KRW 2,496,150 from a business store of “E” located in Daegu-gu Office of World Trade Organization (hereinafter “E”); (b) was kept in custody for the victim company for business purposes; (c) was arbitrarily used as living expenses, etc. around that time; and (d) was embezzled by consuming the total amount of KRW 45,139,496 by the same method over 30 times from March 31, 2014, as indicated in the attached Table 1 list from that time until March 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Investigation report (Submission of materials by a complainant's agent-data submitted at the time of a civil lawsuit) and investigation report (Submission of sales place);

1. Account transactions, certified copies of corporate register, current status of embezzlement of public funds, text messages;

1. Application of the Acts and subordinate statutes to the complaint;

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 is that the defendant is engaged in the business of collecting alcoholic beverages as a member of the business, thereby embezzlementing the sales proceeds of alcoholic beverages in a considerable amount. It is unfavorable that the nature of the crime is not good, and that the defendant escaped without responding to the contact with the investigative agency for a considerable period.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession and mistake, the victim does not want punishment by agreement with the victim, the fact that there is no record of punishment for the same kind of crime, the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime, shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.