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

except that 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

From September 1, 2009 to October 31, 2012, the Defendant was in charge of the sales and collection of livestock products by serving as the head of the sales division of the Victim C (Representative D) Co., Ltd., a livestock product import and wholesale retail company located in the Busan Northern-gu, Busan, and was in charge of the sales and collection of livestock products.

Around September 2009, the Defendant: (a) received cash receipts from the victim C’s business partner G, H, I, J, K, K, L, L, M, and N; or (b) received money from the Defendant’s mother’s account or from the Busan Bank account; (c) issued a simplified receipt in accordance with the amount received; and (d) submitted a simple receipt in the victim’s side, which is less than the amount actually collected, and then arbitrarily consumed the difference in the cost of living, such as embezzlement and settlement of F’s money, at the relocated business partner.

From that time to June 2011, the Defendant embezzled KRW 85,494,617 by arbitrarily consuming the sum of the amounts of money owned by the victim over 12 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning R;

1. Investigation report (the details of account transactions submitted by suspects and the details of embezzlement, reference to the Director General of the Sales Agency Co., Ltd. shall be reported with evidentiary materials);

1. Data on the preparation of the details of embezzlements by each customer and the comprehensive data on the calculation of the details of embezzlements;

1. Application of the Act and subordinate statutes to the OF Bank account (P) transaction details, O-registered Busan Bank account transaction details, O-registered post office transaction details, A-registered Nonghyup Bank account transaction details, A-registered Busan Bank account (U) transaction details, V-registered Agricultural Cooperatives account transaction details, and V-registered Agricultural Cooperatives account transaction;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is the crime No. 1 of the annexed Table No. 50 of the Criminal Act, which is the largest offense;