A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

From March 17, 2010, the Defendant, from around March 17, 2010, was engaged in general sales stores management, such as managing the clothing goods and sales members at each sales store operated by the said company, and settling accounts of the sales price of the clothes, etc.

On March 10, 2013, the Defendant, while working on behalf of the victim company located in Gangnam-gu Seoul Westerndong, was in the course of business and kept in custody the amount of clothing sales proceeds for the victim company. The Defendant, even though the Defendant sold mincco in an amount of KRW 1,150,000 and did not return the mincco at the time of return, had 1,150,000 out of the mincco was stored in the computer book as if mincco was returned.

In addition, from around that time to July 24, 2014, the Defendant entered the items not returned in the daily sales book 25 times in total as shown in the list of crimes attached hereto, or carried out the clothes and cash equivalent to the sum of KRW 4,091,00 as the owner of the victim company by making a false entry of the sales daily sales volume and reducing the total sales volume as if the sales volume were settled by credit card, and reporting it to the victim company.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the statements made to the defendant by the prosecution (including D statements) concerning the suspect interrogation protocol;

1. Partial statement of each police suspect interrogation protocol (including D or E statements) against the accused;

1. Statement made by the police against D;

1. The complaint, each written statement (F, G, H, I, E, J, K), each photograph, each photograph, provisional attachment decision of claims, statement of reasons for the complaint, all the registered matters, each certificate, original collection receipt, original service contract, sales work contract, copy of the fashion value creation contract, detailed description of embezzlement, facts confirmation, embezzlement based on video recording data, embling summary, video image embling sheet, and comparison.