A defendant shall be punished by imprisonment for not less than eight months.

except that 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

From November 16, 2010 to September 2, 2013, the Defendant sold clothing owned by the victim to the victim C (representative D), clothing and brand located in Geumcheon-gu Seoul Metropolitan Government, E department store F store, E department store, and has been engaged in the business of depositing the price into the above department store.

On February 24, 2011, the Defendant, at the fourth floor F store of the E department store in Pyeongtaek-si G, has been in custody for the victim, while he was in custody for the victim of a verbal 1,000 won equivalent to 60,000 won in the market value owned by the victim. The Defendant sold cash to the customer whose name is unknown at that time, and embezzled the price by using it for personal use around that time.

In addition, from around that time to September 2, 2013, the Defendant sold 439 clothing products in cash to customers whose name is not known by the above methods, and embezzled the price for the goods in total of 59,076,20 won in daily life, as shown in the attached list of crimes, including the following items:

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the Acts and subordinate statutes governing the complaint and the present status data;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria (decision of type) : Type 1 (less than KRW 100,00) (the scope of recommending punishment) ; January 1, 200; October (Reduction and Mitigation, Non-exclusive of Punishment);

2. Although the maximum amount of the amount of embezzlement determined by the sentence is a maximum amount of embezzlement, it is the first offense without any previous conviction of the defendant, and is against his mistake, the victim and the defendant have agreed to do so, and the defendant's age, character and conduct, environment, and motive, means and consequence leading to the crime of this case.