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.

Punishment of the crime

From February 2016 to May 2017, the Defendant is a person who entrusted and operated a children’s brand “G” store of the F Co., Ltd. (hereinafter “victim”) in Seocho-gu Seoul, Seocho-gu, Seoul, with the commission of the stores of the victimized Co., Ltd. (hereinafter “victim”) and was engaged in the sales of the damaged company’s goods, the sales of the damaged company’s goods, and the store management.

The Defendant: (a) lent KRW 550,000 in cash to the companies that H entered the above department store as a business reserve every day; (b) knew that the company may withdraw the above money when entering the damaged company ID and password in the cash withdrawal period set up in the above department store; and (c) knew that he may withdraw the said money, and had the Defendant collected money to use it as the Defendant’s debt repayment, living expenses, etc.

On November 17, 2016, the Defendant voluntarily consumed approximately KRW 22,416,90,00 in total in the same way as shown in the list of crimes in the attached Table between around 201 and May 19, 2017, while withdrawing KRW 550,000 of the business reserve in the said cash withdrawal period, which was in the occupational custody for the victimized company, and arbitrarily spent for personal purposes, such as the Defendant’s repayment of the Defendant’s debt and living expenses, etc. in the Seoul and the Gyeonggi Games, and around 2,416,90,00 in total in the same way as in the list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Statement made to I by the police;

1. Details of sales consignment contracts, sales transaction contracts under special agreement on department stores, and entry into business reserve funds;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (Reasons for sentencing as follows)

1. The basic area (from April to April) of the sentencing criteria [the scope of the recommended punishment] Class 1 (the amount of less than 100 million won) (the person who is subject to special sentencing];

2. Determination of sentence;