A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around April 1, 2012, the Defendant entered into a consignment management contract with the victim ELDD Co., Ltd. and the victim’s name and account, and with the content of selling commission for sales proceeds. From April 1, 2012 to July 31, 2013, the Defendant took overall charge of sales, inventory management, store management, sales proceeds settlement, etc. in the D fifth E shop located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

1. Around April 2012, the Defendant: (a) sold 2,00,000 won and 2,000,000 won for dancing rooms in the above E stores; and (b) sold 2,00,000 won for sales proceeds to unemployed customers; and (c) was kept in custody for the victim in cash; (d) around that time, the Defendant used the money for personal purposes, such as living expenses and personal debt reimbursement, for the victim.

From around that time to June 2013, the Defendant consumed total of KRW 16,00,000,000, which had been kept in custody for the victim by the above methods, as shown in the list of crimes in Attached Table 1, for personal purposes.

Accordingly, the defendant embezzled the victim's property on duty.

2. Occupational breach of trust: (a) the Defendant sold the products supplied by the victim, and registered the sales details on the D Computer Network, the victim had 31% of the registered sales revenue paid to the said department store as sales commission; and (b) the sales details of the products that did not actually have been sold were not registered on the said department store’s computer network.

Nevertheless, the Defendant, around June 7, 2013, did not sell the product in violation of the above occupational duties at the above E shop, and did not receive the amount equivalent to KRW 1,300,000 using a PDA terminal installed in the store as the price and sold the product, thereby having the victim registered the false sales details in the above department department computer network.