A defendant shall be punished by imprisonment for nine months.

Punishment of the crime

The defendant is a person who operates a male clothing store in Gangnam-gu Seoul Metropolitan Government as a trade name "E".

The victim F is a customer who visited the above "E" store around December 2014 and was aware of the defendant, and from March 2015, the victim F works together with the part of the food beverage in the above "E" store from around March 2015, while performing the work together with the defendant's operation of the above "E" store agency from around 2015.

Upon receipt of the proposal, around October 2015, the Defendant and the Defendant concluded an agency contract with the effect that “the damaged person shall have the authority to operate the Busan agency that the damaged person sells the products produced, imported, or sold in the trade name E, to operate the Busan agency.”

On October 23, 2015, the Defendant called “I will substitute for the EM agency EM Corporation?” and embezzled KRW 35,500,000 among them for the victim by arbitrarily using the Defendant’s operating store expenses, such as payment of the Defendant’s account owed to the Defendant in Seoul, etc. around that time. From that time to December 21, 2015, the Defendant used the Defendant’s account owed to the Defendant in Seoul, etc. for the purpose of the victim. From that time to December 21, 2015, 80,60,000 won in total, as indicated in [Attachment] Nos. 10 to 12, 14, and 16, 200 won in total, and 35,50,000 won in custody for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the second public trial record;

1.F’s accusation - copy of agency contract - copy of passbook - copy of passbook - copy of transaction details - copy of quotation - copy of quotation 5

1. A copy of the content certificate sent by H to the complainant, a copy of the contract for design of interior design, construction cost, table for interior works, investigation report (other than the case of a interior service provider, receipt of a written confirmation), and written confirmation;

1. Detailed statement of transaction - Application of Acts and subordinate statutes concerning chairss, tables evidencing down payment, and photography;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;