A defendant shall be punished by imprisonment with prison labor for not more than ten 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, while serving as a business employee in the Victim B B from February 2, 2010 to September 2018, served as a business employee in the Victim B, from February 2, 2010 to September 2018.

On April 30, 2018, the Defendant collected KRW 295,90,00 from the victim’s trader’s “D” store located at the time of strike, and was in custody for the victim’s business by paying off the amount of KRW 295,90 to be supplied previously by the business owner. At that time, the Defendant spent the said money for personal purposes, such as sports Saturdays, personal debt, living expenses, etc. from the victim’s trader during a total of 42 times from around May 31, 2018 to around May 31, 2018, and used the said money for personal purposes, such as sports Saturdays, personal debt, living expenses, etc.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each detailed statement of deposit transactions and application of Acts and subordinate statutes of the President of the Korea Sales Agency;

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

1. The amount of embezzlement for the reason of sentencing under Article 62(1) of the Criminal Act is 44,096,252; the victim does not want the punishment of the defendant; the confession and reflects of the crime; and the conditions of sentencing as prescribed by Article 51 of the Criminal Act shall be determined by taking into account all of the following factors: