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

On December 1, 2014, the Defendant was a director of C, a company that produces and sells carpets, and on December 1, 2014, when the victim D and the injured party supplied original parts and subsidiary materials, C made a contract that C manufactures and sells carpets via E, but the ownership of original and finished goods is to be owned by the victim.

Nevertheless, the Defendant had experienced economic difficulties, such as the mother and child of living expenses, and had the remaining stocks supplied to home shopping, and had the intent to arbitrarily sell them in the Internet shopping mall.

Therefore, around August 4, 2016, the Defendant sold 10,000,000 won, from H, and transferred KRW 13,160,000 on August 13, 2016 to the Defendant’s mother’s account (J) bank account, one of the following dates: (a) 380 carpets, 240, and a large amount of 80,000 won, which were kept in custody of the victim for the victim in the warehouse E located in Kacheon-si, G; and (b) 10,000 won from H to the same day.

Around November 1, 2016, the Defendant continued to sell 60 carpets, 10 special units, and 30 large numbers of 30 won to the Internet shopping mallK, and received the money of KRW 4,425,00 in the same account, around November 10, 2016, the Defendant sold 45 special units of carpets, 10, and 15 large numbers of 15 won to K, and received the money of KRW 3,225,00 in the same account from November 23, 2016 to transfer the money of KRW 3,225,00 in the same account. Around November 23, 2016, the Defendant sold 226 carpets to H, and received KRW 8,040,00 in the same account.

Accordingly, the Defendant, as seen above, arbitrarily sold a carpet inventory amounting to KRW 38,750,000 in total market value, which was kept on duty for the victim, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against F, L, or M;

1. Statement made by the police with respect to the N;

1. Application of Acts and subordinate statutes to a criminal investigation report (D and C business statements);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;