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

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

Punishment of the crime

The victim C is a company established in Mapo-gu Seoul Metropolitan Government for the purpose of engaging in retail business, etc., and the Defendant concluded a contract with the victim company for the entrustment of sales management, and the Defendant was engaged in the business of delivering the sales proceeds of the case, etc. to the victim while operating the F 1st floor “G store” in Songpa-gu Seoul Metropolitan Government from August 2, 2013 to July 12, 2015.

Around November 2, 2013, the Defendant: (a) around November 2, 2013, made up and sold 11 Kascke case each 10 Kascke case from the damaged “G” store; (b) sold 10 Kascke case to the customers who find the above store in cash; and (c) delivered only 10 Kack sales proceeds during the course of carrying out business on behalf of the victim to the victim; and (d) embezzled total sales proceeds of KRW 56,00 by using the remaining sales proceeds for personal purposes as indicated in the attached crime list, including embezzlement of total sales proceeds of KRW 56,00 from November 2, 2013 to July 2015, 2015.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, J, K, and L;

1. Application of Acts and subordinate statutes governing sales contract, consignment service contract, submission and sale of A, circulation table of A, details of A himself/herself financial transactions (national bank), each investigation report (record separate records), and each sales report shall apply;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [the scope of recommendation] Type 1 (the amount of less than 100 million won) is the basic area (from April to April).