A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant has been engaged in store management and goods sales business in D operated by the victim C Co., Ltd., Ltd. from February 15, 2015 to April 6, 2018.

On May 1, 2015, the Defendant: (a) had been in custody of the goods for the victim in the course of business, but did not actually return 12,500 won upon the customer’s request for return; (b) had been returned 12,500 won, which was disposed of after being able to return 12,50 won to the customer; and (c) had been consumed for personal use due to living expenses around that time.

In addition, from around that time to April 6, 2018, the Defendant arbitrarily brought about the total amount of KRW 47,546,590 by the same method over a total of 1,767 occasions, as indicated in the attached list of crimes. In addition, when a customer purchases goods in cash and does not want to issue cash receipts during the same period, the Defendant arbitrarily brought about the total amount of KRW 36,373,350 of the goods stored in the cash sale or store that did not enter the details of sales in the package and consumed them as daily living expenses, etc.

Accordingly, the Defendant embezzled the total amount of 83,919,940 won that he had been in custody on behalf of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate of inventory inspection, the details of each cash return, the appearance of goods from a store, the face of a safe to take cash, the face of a cash into cash, or the daily settlement of accounts, and the face of a planned amount to put cash into a main machine;

1. Investigation report (repreparation of a list of crimes in part of the details of cash return) - Application of Acts and subordinate statutes governing the list of crimes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);