A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

From July 2, 2013 to April 14, 2014, the Defendant substantially operated D Mart in Young-gu, Suwon-si C.

From October 11, 2013, the Defendant leased the static Corper located in the above Mat to the victim E with a deposit of KRW 60 million, and the Defendant agreed to have the customers settle the Mat single account unit without paying from the Mat Corp when purchasing goods from the Mat Corp, and keep 91% of the remainder 91% of the sales proceeds of the victim's Mat Corper, excluding 9% of the Mat Mat Corp., and pay to the victim every five days.

Nevertheless, the Defendant, from October 31, 2013 to March 18, 2014, kept 62,15,064 won, excluding 9% commission from the sales proceeds sold by the injured party at the Mat's Mat's Mat's Mat's Mat's Mat's Mat's Mat's Mat's Mat's Mat's 28,254,474 won, and paid to the injured party only as evidence of the remainder 33,90,590 won. In light of the content of the contract, there was an agreement between the Defendant and the injured party to settle the amount by deducting only 9% commission

As such, all of the amounts calculated without distinguishing the settlement method should be deemed the amount of embezzlement of this case (see Supreme Court Decision 2010Do10417, Nov. 25, 2010; Supreme Court Decision 2010Do10417, Nov. 25, 2010). B arbitrarily consumed and embezzled.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the transaction specification table, sales details data, sales proceeds, business registration certificate, the contract to put the victim into money, commercial lease contract, invoice, and fees, and the account details;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Type 1 (less than 100 million won) of the Criminal Act, the basic area (from April to April) [the decision of sentence] of the defendant.