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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a director of Songpa-gu Seoul Metropolitan Government E Co., Ltd., a victim D from August 2016 to March 2018, the Defendant was engaged in the purchase of cosmetics, wholesale and retail sale and collection of cosmetics.
1. The point of occupational embezzlement;
A. Before September 22, 2016, the Defendant: (a) purchased the F affiliated cosmetics worth KRW 45,276,00 in total, and KRW 7,100 in total, and KRW 45,276,00 in the market price from the (State)G, a customer; (b) purchased the F affiliated cosmetics worth KRW 9,625,00 in the market price around October 4, 2016, and kept them for the said damaged company. (c) around January 16, 2018, the Defendant purchased the F affiliated cosmetics worth KRW 56,551,00 in total, and kept them for the said damaged company.
The Defendant sold 'F' affiliated cosmetics stored as above through the above temporary retail, etc., and embezzled 56,51,000 won in total for the sales proceeds of the 56,51,000 won for the damaged company, and then arbitrarily consumed them for personal purposes in Seoul and Mandong-si around that time.
B. The Defendant, from April 11, 2017 to March 20, 2018, purchased J-affiliated cosmetics worth KRW 45,01,30 in total, and kept them for the said victimized company, including (i) K 4,160 and (ii) K 530 in the market price.
The Defendant sold the instant-affiliated cosmetics kept as above through the above temporary wholesale and retail company, and embezzled the total amount of KRW 45,01,300 for the victimized company, which was kept in custody on behalf of the victimized company, by arbitrarily consuming them for personal purposes at Seoul and Gadong-si around that time.
2. Fraud;
A. A. Around November 10, 2016, the Defendant made a false statement to the victim D that “F cosmetics need to be exported solely to the large part, overseas labeling work, logistics work cost, and trademark registration cost.”
However, the defendant money from the victim.