A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

From April 7, 1998, the Defendant was entrusted with the sale of clothes by an island (hereinafter “victim Company”) with the victim-based company (hereinafter “victim Company”) and was engaged in sales at the D department store “E” store located in Seo-gu Daejeon, Daejeon.

The Defendant received goods from the victim company, sold them to customers, and deposited the sales proceeds into D department stores, and D department stores operated a business by transferring the sales proceeds excluding the receipts and fees for monthly payments to the victim company. As such, the Defendant sold goods at the determined price and processed them normally, and all of the payments are required to be deposited into D department stores.

However, for the purpose of paying sales performance by violating the aforementioned duties, the Defendant sold large volume of clothes to the “F” who is a Chinese merchant at the said “E” store from January 2014 to November 2014 by arbitrarily applying a discount rate of up to 25%, and then sold 340,700,000 won out of the clothing that had already been sold to conceal the fact that the sales proceeds were mother and child due to the said discount, on an electronic basis, as if it were in inventory without selling part of the clothes that had already been sold, the Defendant sold to the “F” at a discount of KRW 340,70,000 among the clothing payments.

Accordingly, the Defendant, in violation of the above duties, obtained financial benefits equivalent to KRW 340,700,000 from “F” and suffered financial losses from the victim company equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A inventory inspection report;

1. List A LOSS products;

1. Electronic contract and sales management contract;

1. Application of the civil judgment text

1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act (referring to the choice of imprisonment and comprehensive punishment) concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).