A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

From February 2013 to December 20, 2013, the Defendant served as a shop for the first floor D of the C building located in the Gaeung-gu, Young-gu, Young-gu.

1. At around 18:00 on September 30, 2013, the Defendant: (a) borrowed 1,000,000 won from the pawnangnan, “E” located in Sungnam, and provided the victim’s 403 adult mother-and-child (on a market price of 12,11,200 won) and 4 children’s mother-and-child (on a market price of 40,000 won); and (b) arbitrarily offered the victim’s her mother-and-child (on a market price of 40,000 won).

Accordingly, the defendant embezzled the victim's property in his occupational custody.

2. The Defendant was entrusted with the sale of the clothing, etc. of the victims of the instant D Clothing Korea and kept the proceeds from the sale thereof in a closed deposit. On December 1, 2013, the Defendant used 76,540 won of cash sales from the proceeds of the goods deposited after the sale to the victim’s account without depositing it in the victim’s account and using it individually, from that time until December 20, 2013, the Defendant arbitrarily used 6,228,460 won in total on 19 occasions, as shown in the attached list of crimes, from that time until December 20, 2013.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Results of each sale;

1. Each inventory inspection table;

1. Copy of a loan agreement;

1. Items for adults;

1. Items for children;

1. Application of the detailed sales Acts and subordinate statutes by date of shortage of cash;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations on the sentencing criteria: Basic area (from April to April) of category 1 (less than KRW 100 million); and

2. Determination of sentence: The victim company shall be punished by imprisonment for four months, by imprisonment for two years, by the defendant for a stay of execution, by furnishing the goods as security to the pawnpos;