A defendant shall be punished by imprisonment for six 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 May 1, 2018, the Defendant was engaged in alcoholic beverage sales and collection business of the said company at the victim C, a company affiliated with the alcoholic beverage wholesale business located in Ulsan-gu B, Ulsan-gu.

around June 1, 2018, the Defendant arbitrarily used KRW 10,196,115,00 for the aforementioned purposes, including: (a) the amount of alcoholic beverages paid to a customer and collected KRW 557,019; (b) the amount of alcoholic beverages paid in the course of performing duties for the victim company; (c) not deposited in the victim company; and (d) used it for personal purposes, such as illegal sports soil and funds, living expenses, etc.; and (d) from the above date to July 12, 2018.

Accordingly, the Defendant embezzled the property owned by the victim company in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Data submitted by the complainant (written confirmation, statement of attempted status, etc. of the complainant);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. A suspended sentence under Article 62(1) of the Criminal Act does not have any record of being punished for the same criminal act as the defendant for the reason of the crime, and its depth is divided after the crime, a part of the recovery of damage has been made through guarantee insurance, etc., and other conditions of sentencing indicated in the record, including the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc., shall be determined and the execution