A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, from May 1, 2016 to November 30, 2017, has been engaged in the business of dispatching and storing of ice and products in the victim C, a company engaging in ice and wholesale retail business in ice B, and its employees.

On May 1, 2016, the Defendant released ices equivalent to KRW 7,906,90, which were supplied to the delivery place, and sold ices equivalent to KRW 2,655,945 among them at discount to the ices, individuals, etc., and received the payment for the sale of the said company for the said company. At that time, the Defendant used ices for personal use, such as the Defendant’s repayment of the Defendant’s loan, living expenses, etc., in mind at the daily center of Suwon-si, Suwon-si, and embezzled the sales proceeds by taking out as if the ices were supplied to the six business entities, such as the list of crimes, from around that time to November 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to sales places, certificates of balance of credit purchase balance, certificates of balance other than goods price, sales inquiries, trade cards, and details of shipment (Evidence No. 21 through 23);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Class 1 (100 million won or less) [the person subject to special mitigation] in the mitigated area (1 to 10 million won] [the person subject to special mitigation], or where significant damage has been restored [the decision of sentencing] the amount that the defendant embezzled, reflects the amount that the defendant embezzled, reaches an agreement with the victim, the primary offender, the primary offender's age, sex, sex, environment, motive, means, and consequence of the crime, etc., the punishment shall be determined as ordered in light of the various conditions of sentencing as shown in the argument of the case