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

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

Punishment of the crime

The Defendant is a person who operates the clothing sales store called “C” in Jeonju-si, and the victim D is a company that sells clothing in Busan-gu E.

On March 7, 2018, the Defendant: (a) around March 7, 2018, a business that received clothes from the victim company and sells them; (b) among the products provided by the victim company, the ownership of the products for which the Defendant did not pay is the victim company; (c) the Defendant entered into a contract on consignment with an agency with the content that the amount remaining after the closing of sales is deposited with the victim company on a regular basis; and (d) began to sell them after receiving clothes from the victim company from April 3,

From September 1, 2018 to September 30, 2018, the Defendant: (a) sold the clothing equivalent to KRW 2.290,000,000 from the victim’s company under the above contract to the victim’s company; (b) and (c) deposited KRW 1,575,820,00,00,000, which was deducted from the sales closing price, to the victim company until October 4, 2018; (c) however, the Defendant deposited only KRW 517,696, and did not deposit KRW 1,058,124 in the occupational custody; and (d) as the Defendant voluntarily closed the “C” around September 30, 2018; and (d) the Defendant did not return the clothing amounting to KRW 57,082,80,00 at the market price, which was kept on consignment by the victim company, despite having to return it to the victim company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on consignment sales contract, notice of deposit, sales photo, computerized submitted data, missing computerized data, tax invoice, deposit status in the invoice, deposit status in the invoice, detailed statement of details of the goods, additional explanation of the details of the goods, and current status of receipts and disbursements by date;

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