A defendant shall be punished by imprisonment for six months.

The defendant pays 16,01,800 won to the applicant for compensation.

Punishment of the crime

The Defendant is the actual operator of “D” in Jung-gu Seoul Metropolitan Government, Seoul.

On August 1, 2017, the Defendant entered into a contract with the victim to sell the victim and male clothing 2,375 points at the office of the Dispute Resolution Bank Co., Ltd. in Namyang-si, Namyang-si, and received a request from the injured party for sale of the clothing 1,235,90 points at the market price around August 2, 2017, equivalent to KRW 1,000 at the market price of KRW 3,00,000 at the market price around August 8, 2017; and KRW 5,502,100 at the market price of August 11, 2018; and KRW 22,738,000 at the aggregate of the clothing 2,375 points at the market price of KRW 2,375 points at the market price of KRW 14,2379 at the market price of August 2, 2017.

While the Defendant kept KRW 17,611,800 in custody for a victim, the sales proceeds of the remaining clothing 2,097 points, excluding KRW 278,000,000 in an amount equivalent to KRW 5,126,200,000,000 on August 8, 2017, the Defendant paid KRW 1,000,000 on September 11, 2017, and embezzled the remainder of KRW 16,01,80 on a voluntary basis due to the settlement of accounts for other companies at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the accused in part of the protocol of interrogation of the suspect in the second prosecutor's office (including the F and G substitute part);

1. Statement made by the police with respect to F;

1. An investigation report (ex-factory and submission of data for return of a complainant);

1. Application of Acts and subordinate statutes on consignment contracts, special terms and conditions of consignment contracts, requests for the amount receivable, the current status of attempted sales by store, and the details of approval of cards;

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

1. In light of the circumstances favorable to the Defendant, the reasons for sentencing under Articles 25(1) and 31(1) through (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and the Declaration of Provisional Execution, etc., the Defendant has been sentenced to a fine on several occasions for a crime that has been supplied without the intent or ability to pay the price for the goods, such as clothes and bags, to be sold by the Defendant’s operating enterprise prior to the instant crime, or a punishment that has been suspended the execution of imprisonment.