A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

From January 1, 2016 to July 8, 2016, the Defendant was the head of the “E” store operated by the victim D Co., Ltd. in C, and was in charge of the sales management, customer management, inventory management, and inventory management. From July 19, 2016 to December 1, 2016, the Defendant within G, and from December 8, 2016 to January 24, 2017, the Defendant received oral goods from the victim’s company from the victim’s company’s “E” and received them as sales management, customer management, inventory management, and the amount of sales proceeds paid from the damaged person as consignment sales fees.

1. From January 1, 2016 to July 18, 2016, the Defendant embezzled by arbitrarily disposing of the oral 252 satisfaction (38,090,600) of the market value of the victim company owned by himself/herself at the “E” store located at the G 1st floor in Ansan-si, Gyeonggi-do.

2. From July 19, 2016 to December 1, 2016, the Defendant embezzled by arbitrarily disposing of KRW 22,102,00,00 at the oral 121 sufficient market value, which is the owner of the victim company, he/she was in his/her custody in the “E” store located on the F1st floor located in Ansan-si, Gyeonggi-do.

3. On December 8, 2016, from around January 24, 2017 to around January 24, 2017, the Defendant embezzled 2,720,000 won, which is the victim’s possession, at the “E” store located in the J of Gwangju-si, Gyeonggi-do, by arbitrarily disposing of KRW 10,720,00, which was the victim’s possession.

Accordingly, the Defendant embezzled 62,912,60 of the market value owned by the victim company, which was in his/her custody, oral 383 satisfaction.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made to K in the police statement;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (Submission of printed materials of victim K Electronic Data);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;

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

1. The Criminal Act, the suspension of execution;