A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant in occupational breach of trust is a person who, from February 2015 to April 26, 2016, works in the F shop operated by the victim E on the fourth floor of the D department store located in Guro-gu Seoul Metropolitan Government as a manager and was engaged in the management, sale, etc. of commodities in the said store.

Since the Defendant was in the position of the manager to handle the sale and refund of the goods from the main victim upon delegation, the Defendant had a duty to avoid the sale or return of the goods and to manage the store in good faith.

Nevertheless, on August 2, 2015, the Defendant, in violation of his duties, purchased new shoes equivalent to KRW 49,000 at the above store and requested the nameless customer to return it to the person in charge of the settlement of D department stores without any request, thereby obtaining pecuniary benefits equivalent to KRW 49,000 from refund by arbitrarily requesting the person in charge of the settlement of D department stores to refund the amount equivalent to KRW 49,000, and thereby making the victim compensate for the amount equivalent to the above inventory loss at the head office G, thereby causing damage equivalent to the above amount.

In addition, from that time until April 2, 2016, the Defendant acquired the financial benefits equivalent to KRW 8,008,000 in total from 56 times, such as the previous list of crimes (1) in the same way, and suffered damage equivalent to the same amount from the victim.

2. The Defendant was at the same place as paragraph (1) on April 2, 2015, and was known to the general public at the same time as that of paragraph (1) on April 2, 2015;

H’s request from H that “a request to process H’s electronic inventory” would lead to manipulating the F’s electronic inventory of E’s operation upon the request of H, and had access to the computer system called “office link”, which is the sales and inventory management system of G managed by E using the computer at that location, by using the computer, to the said one, even though the said I did not send one room equivalent to KRW 19,000 to the store managed by H, the said one is stored in the said computer.