A defendant shall be punished by imprisonment for not more than ten months.

However, 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

Defendant

A is a person in charge of the management of the sales of products such as massages and sales proceeds while working as a manager of the "F" store operated by victim E at the C department store D store in Gangnam-gu Seoul Metropolitan Government.

The Defendant intended to embezzled the sales proceeds of goods by selling goods in cash at the department store, manipulating the time of sales, or falsely settling accounts using the Defendant’s credit card using the Defendant’s credit card.

On April 4, 2015, the Defendant sold KRW 8,710,000,00 in cash at the “F Store D” store owned by the victim company, and consumed KRW 4,00,000, out of the sales proceeds, at the location of the city where the city was kept in custody for the victim company, while the sales proceeds were kept for business purposes, as the cost of living and the mother’s hospital expenses, etc.

From around that time to July 9, 2018, the Defendant sold 32 times through the same method as indicated in the attached list of crimes, and consumed an aggregate amount of KRW 127,498,000 for the victim’s company, at the location of the victim’s residence, as living expenses, mother, hospital expenses, etc. in each city.

Accordingly, the defendant embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on investigation (Submission of G Data by a complainant), a report on investigation (Preparation of a list of crimes), and a list of crimes;

1. A complaint;

1. Application of the public sale list in November 2016, and the Acts and subordinate statutes of the public sale list in August 2018;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement) of the choice of criminal facts; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of embezzlement and breach of trust] shall be at least 10 million won, and less than 50 million won.