A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From October 1, 2015 to July 20, 2016, the Defendant worked as a person in charge of business management of the victim D Co., Ltd. located on the first floor of the Seocho-gu Seoul Metropolitan Government building underground, and was engaged in the business of opening a new customer, selling goods, and collecting money, etc., and was responsible for gambling debts, etc., the Defendant, upon receiving the goods of the victim company from the victim company, sold the goods at will, sold the goods of the victim company at will, and sentenced the price to be used for the repayment

On June 3, 2016, the Defendant: (a) sold goods of an amount equivalent to KRW 46,83,900 in total on 27 occasions as indicated in the separate crime list between July 21, 2016 and kept for the victim company, such as “E” and “F,” and received the payment in cash or transferred the payment to a Saemaul bank account under the name of the Defendant, and subsequently voluntarily consumed the full amount for private purposes, such as repayment of the Defendant’s obligations, from July 21, 2016.

Accordingly, the Defendant embezzled the property owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statement in G during the interrogation of the suspect against the prosecution

1. Part concerning the statement in G during the second examination of suspect against the defendant in the police room

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the account transfer receipt, the details of the entry and transfer of goods, additional submission receipt, a certificate of payment of goods, a certificate of confirmation of transfer, a statement of transaction, and the details of transactions by the Saemaul Treasury;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The mitigated area of Class 1 (less than 100 million won) for embezzlement and breach of trust: Special mitigation element (one month to October) for mitigation of punishment: Non-guilty of punishment [decision of sentence] for the crime of this case, the defendant who was a business employee is the victim company's goods.