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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From February 2014 to December 2, 2016, the Defendant served as a business employee at the victim (oil)C located in Heposi B from February 2, 2016, and supplied alcoholic beverages to the main stores, restaurants, etc., which are customers of the victim company, and has been engaged in the business of collecting sales proceeds.

From August 2014 to October 2016, the Defendant supplied alcoholic beverages to “E” located in Chungcheongnam-gun, U.S., a business partner of the victim company, and received KRW 3,288,700 from the said business partner, and embezzled the said money for personal purposes, such as gambling, entertainment, and repayment of debts, etc., by using the said money for the victim’s business.

In addition, the Defendant received total of KRW 73,30,230 from the total of 59 business partners of the victim company for the same period as indicated in the attached list of crimes, and embezzled it for personal purposes, such as gambling, entertainment, and repayment of debts, around that time, while the Defendant was in business custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes governing the balance certificate and credit sales certificate;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: A decision to compensate for damage, even if the decision of this case was made for ten months of imprisonment, two years of suspended sentence, and considerable time limit for the repayment of damage by the victim, is granted, until the decision of this case is followed;