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

The Defendant served as a member of the D company operated by the victim C from October 8, 2009 to March 3, 2014, and supplied beverages sold by the said company to the convenience store of members of the Sungnam-si, and has been engaged in the business of collecting the sales proceeds.

1. From January 2, 2013 to March 3, 2014, the Defendant, from around March 3, 2014, arbitrarily sold beverages amounting to KRW 933,00,00, from the warehouse of the said D Company, to 12 business parties, such as Epifers, etc., in the absence of registration in the internal commodity management program, while carrying beverages amounting to KRW 933,00,00, from the warehouse of the said D Company, while carrying beverages amounting to KRW 50,00, from the warehouse of the said D Company for the said Company, and consumed the price for the personal purpose, such as debt repayment, at Sungnam City around that time.

From January 2, 2013 to that time, the Defendant arbitrarily sold beverages amounting to KRW 41,15,367 in total by the same method as indicated in the attached list of crimes (1) and consumed the amount for personal use.

Accordingly, the defendant embezzled the victim's property.

2. From June 23, 2011 to March 1, 2014, the Defendant: (a) collected KRW 126,000 from a company F, a business partner in Sungnam-si, which is the business partner in Sungnam-si; and (b) consumed the amount for personal purposes, such as repayment of monetary debt, etc. at the time of Sungnam-si.

From that time to March 1, 2014, the Defendant consumed the total amount of KRW 27,341,715 in the same way as the sale proceeds of beverages over a total of 52 occasions, as indicated in the attached list of crimes (2).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of the police statement concerning G;

1. Investigation reports (Submission of supplementary data by a complainant), investigation reports (Submission of additional data on the amount of damage);

1. The detailed statement of embezzlement, evidentiary materials of embezzlement by customer and inventory of vehicles by person in charge;