A defendant shall be punished by imprisonment for one year.

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

From March 16, 2016 to September 25, 2017, the Defendant is an employee of Do retail companies D Co., Ltd. (hereinafter referred to as “victim Company”) of the Do retail companies (hereinafter referred to as “victim Company”), such as cosmetics in the fifth floor of the Dayang-dong Building 5th floor of Goyang-si, Yongsan-si, Seoul, and a person who has been engaged in the duties of delivery of goods, storage control, shopping mall management, etc.

1. The Defendant, as seen above, was in charge of delivery, invoice management, shopping mall management, etc. of cosmetics, etc., with the intention of selling the cosmetics, etc. which were in custody for the victim company individually and with the intent to receive the money from the Defendant’s account in his/her name.

Accordingly, around June 1, 2016, the Defendant sold cosmetics to “G” through the Internet “EF car page, and received KRW 25,000 from the sales proceeds to the H bank account in his/her own name, and received the payment from the Defendant to the said H bank account. As indicated in the attached crime list, the Defendant arbitrarily sold cosmetics worth KRW 171,010,80 in total over 574 times from that time until September 22, 2017, and received the payment from the said H bank account.

Accordingly, the Defendant embezzled cosmetics, etc. owned by the victim company.

2. At around 10:00 on September 25, 2017, the Defendant: (a) retired from the victim company’s office; (b) was a cosmetic 8,036,00 won in total; (c) was placed in the Defendant’s red ginseng boxes in possession; and (d) was placed outside of the office, and did not commit an attempted crime, even if the Defendant was aware of the wind that was discovered to the representatives C, employees I, etc. of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of J and I;

1. Application of the Acts and subordinate statutes to the defendant's passbook, a bank transaction statement, a list of door-to-door carriers, a detailed list, and a stolen product photograph;

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