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

The defendant is a person who operates B which sells medical equipment on consignment.

On May 2008, the Defendant agreed to sell the medical devices owned by the victim E from the victim “D” located in Daegu Suwon-gu C on behalf of the victim and concluded a consignment contract with the victim on behalf of the victim (panty table, ePK-1 main body, EPK-290i, EG-290i, EEC-3890i, LVVP-3890i, LVC pumps, internal dedicated cart, and JVC monitors).

On September 30, 2009, the Defendant decided to sell the above medical device to F Hospital for KRW 90 million, received KRW 56,980,00, and agreed to sell equipment to F Hospital for the remainder of KRW 33,020,000, while the Defendant kept the medical device for the victim for business purposes, the Defendant arbitrarily sold the equipment purchased from F Hospital and consumed the proceeds therefrom for personal purposes.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Investigation report (Submission of a suspect's counsel's written opinion and data), investigation report (written statement by all employees of the company who filed the complaint), investigation report (Submission of a statement of account in the name of the suspect);

1. Application of Acts and subordinate statutes to a certificate of the record of deposit transaction under the name of a suspect, a statement of transaction under the name of a suspect J bank account (K), a statement of transaction under the name of a suspect, a statement of transaction tax in the M bank account in the name of a suspect, and a certificate of

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. The sentencing of Article 62(1) of the Criminal Act is based on the following: (a) the background and method of the instant crime; (b) the relationship between the Defendant and the victim, etc. are considerably poor; and (c) the amount of embezzlement is considerably large; and (d) the Defendant requires strict punishment.

However, it is recognized that the defendant has committed a crime and is divided, and the same or similar crime is committed.