A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From November 2014, the Defendant, as a head of the office managing telemarkets (hereinafter “TM”) members at the Gangseodong Branch of the Seoul company located in Gangdong-gu Seoul Metropolitan Government from November 2014, the Defendant collected health food sales performance from the employees, and reported it to D, who is the responsible manager of the Gangseodong Branch of the said C company, and received business allowances from the employees in the name of the Defendant and distributed them to the relevant TM members.

On December 10, 2014, the Defendant received 12,620,000 won from the above D to the Defendant’s account under the name of the victim E, who is a member of TM, and embezzled 35,975,000 won in total by arbitrarily consuming 15 times from that time until December 9, 2016, as indicated in the attached list of crimes, while the Defendant received 12,620,00 won from the above D to the Defendant’s account, and kept it for the victim. On December 11, 2014, the Defendant paid 2,400,000 won to the victim and voluntarily consumed 10,220,000 won for personal use.

Summary of Evidence

1. Witness D,

(e) Each legal statement of F;

1. Part concerning the defendant's interrogation protocol E among the prosecutor's interrogation protocol

1. Application of a schedule, the details of sales of Arabic on November 2014, the details of accounts for the receipt of victim's benefits, the sales of accelerator in 2014, the sales of accelerators in 2015, the sales of accelerators in 2015, the sales of accelerators in 2016, the accelerator files, the details of sales of accelerators in 2016, the statements of payment accounts in A wage account, the statements of victim's allowances, and the statutes governing the G president's allowance confirmation;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act regarding criminal facts, and the Defendant of the choice of imprisonment and defense counsel

1. The summary of the argument ① Section 1 of the Attached Table of Crimes Nos. 1 does not have a duty to pay sales allowances to the victim since the victim was not engaged in the business at any time, and D exclusively operated the business and was promoted and sold.

② Since paragraphs 4 and 5 of the same table Nos. 4 and 5 are 128.5 in total, the amount of embezzlement is only one million won.