A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On July 11, 2012, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Suwon District Court on July 11, 2012, and the judgment became final and conclusive on July 19, 2012.

From September 8, 2011 to November 4, 2011, the Defendant served as the head of the business team of the victim B corporation from September 8, 201, and has been in charge of the purchase of golf products and the consignment sale.

On October 27, 2011, the Defendant sold golf products such as 144 boxes, which he purchased in the name of the victim from Badra Co., Ltd. from Badra in the name of the victim to other persons, and subsequently voluntarily consumed the sales proceeds for his own debt, etc. during the business custody of the victim.

In addition, from September 8, 201 to November 4, 2011, the Defendant sold golf products equivalent to KRW 85,927,992, which were purchased in the name of the victim to others in total in the name of the victim, and embezzled by arbitrarily consuming the sales proceeds while being kept in the custody of the victim for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Copy of corporate register, receipt for tax withholding, each order form, and inventory inspection table (Evidence Nos. 2 and 3);

1. The detailed list of payments (the list of evidence Nos. 7, 14);

1. Investigation report by the prosecution (to hear statements by telephone who is an accusation);

1. Before judgment: Application of criminal records and investigation reports by the prosecution (verification of the fixed date of judgment) and statutes;

1. Articles 356 and 355 (1) of the Criminal Act comprehensively including applicable Articles of law and the choice of punishment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The fact that Article 62(1) of the Criminal Code recognizes all of the mistakes of the defendant, and that the defendant has agreed with the injured party.