A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On February 17, 2017, the Defendant: (a) around February 17, 2017, entered into a sales agency agreement with the victim C(Representative Director D) Co., Ltd. (hereinafter referred to as “B”) that manufactures and sells the clothing in the brand called “B”); and (b) the Defendant sold the clothing in the victim’s possession from February 17, 2017 to August 31, 2017, on condition that the Defendant would receive a certain rate of 6-11% for each product discount rate.

From February 17, 2017 to June 7, 2017, the Defendant embezzled the clothing of KRW 61,050,000 in total by arbitrarily disposing of the amount of KRW 634 points in the settlement system, using the method of selling the clothing of KRW 61,050,000 in cash to customers, when selling the clothing of KRW 4,007 on the part of the victim under the above contract with the victim at the “B” store located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the complainant or G by the police;

1. Business registration certificate, contract for sales agency business, inventory transfer and takeover of each store, confirmation letter, and a statement of difference in inventory of each store due diligence;

1. Cases of the payment on consignment and the process of offsetting the inventory LOSS;

1. Current status of sales, the amount of cancellation of cash, and the details of cancellation of cash by the recipient at the time of operation;

1. Application of Acts and subordinate statutes to a report on investigation (teleline investigation), H self-written statement, and investigation report (re-verification of the amount damaged);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason why the sentencing of Article 62-2 of the Criminal Code of the Social Service Order is planned, and the amount of damage is not so much, so it is also necessary to make strict punishment.

However, the victim does not want the punishment and has no record of punishment exceeding the fine under the agreement with the victim.