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 is a person who operates a mobile phone store in the location of six mobile phones, such as a mobile phone store in Busan Jung-gu.

On January 29, 2015, the Defendant entered into an entrustment contract with the victim E (State) and the victim company to receive from the victim company the mobile phone and commission to unspecified customers, and to transfer the mobile phone sales proceeds and telecommunications fees received from the customers to the victim company for next day and receive sales service fees from the victim.

On October 26, 2015, the Defendant received KRW 199,00 from customers pursuant to the above consignment contract with the victim company, and used it in mind for the victim company. In other words, the Defendant received from customers the sales proceeds of KRW 32 through 34, 36 through 52, 54, 63 through 66, 72 through 75, 84 through 86, 91 through 93, 99 through 104, 119 through 131, and embezzled it from around October 26, 2015 to around July 7, 2015, by arbitrarily receiving the sales proceeds of KRW 34,428,100 from the customer’s use of it in mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Complaint;

1. The defendant asserts that he did not have the intent of embezzlement since he agreed to settle the commission fee to be paid by the victim company and the sales price of the instant device at the end of the month, and that he did not have the intent of embezzlement because the commission fee to be paid by the defendant was a considerable amount in the sales price of the instant device.

However, according to the above evidence, the defendant is obligated to pay the sales proceeds of the instant device to the victim company by the following day from the date of receiving the sales proceeds of the instant device.

The employee of the victim company shall collect the amount for the convenience of the business.