A defendant shall be punished by imprisonment for 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.

Criminal facts

On October 19, 2016, the Defendant: (a) prepared a sales consignment agreement with the victim’s employees to the effect that “63% of the sales amount shall be deposited in the victim every five days by supplying clothing products that are manufactured by the injured party,” and (b) around October 21, 2016, the Defendant received a total amount of KRW 11,450,000,000 from the Defendant’s warehouse located in E at the Namyang-si, the Defendant issued 2,510,000,000,000 won in total, from the damaged party’s market.

From that time to December 2016, the Defendant was in custody of KRW 15,361,290, the amount of KRW 24,383,00, which was sold 527, among the above scamers, for the victim, and used it for personal purposes, such as the payment of employee's wages and rent around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Sales entrustment contract;

1. Application of Acts and subordinate statutes to a investigative report (Submission of a detailed statement of return out of factory and confirmation of the amount of damage), investigative report (person G telephone conversations for a witness), investigative report (the set of the F telephone conversations and the amount of embezzled property), investigative report (the telephone conversation for a suspect A, etc.), investigation report (the telephone conversation for a suspect A, etc.), and investigation

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the type of decision] / the group of embezzlement crimes, the group of Class 1 (less than KRW 100,00) [Special Sentencing] / None of the factors of aggravation and mitigation: [In the case of embezzlement, general sentencing factors] : Reduction factors where the crime of embezzlement is committed: In the case of embezzlement not embezzlement on duty: serious reflect [the scope of recommended punishment] where the crime of embezzlement is not embezzlement on duty: Imprisonment with prison labor for up to one year and April;

2. The sentence of sentence (unfavorable circumstances) is determined on the condition that the Defendant receives clothes from the injured party and receives them on consignment.