A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant receives fixed monthly wage of 3.3 million won and 6.2% of the sales amount of goods sold by the Defendant as sales commission, and entered into a sales agency service contract with the victim limited liability company C (hereinafter referred to as “victim company”) and has been engaged in the storage, sales and sales of goods provided by the victim company at the third floor of the building E located in Gwangju Dong-gu E located in Gwangjudong-gu, from May 13, 2011.

From May 13, 2011 to August 15, 2012, the Defendant arbitrarily disposed of the amount equivalent to KRW 15,134,849, the sum of the 610 points of the goods of the victim company’s KRW 615,134,849, in a manner that: (a) while the Defendant kept goods supplied by the victim company in his/her business in custody; (b) sold the goods in cash and did not enter the fact of sales; and (c) arbitrarily consumed the sales proceeds or sold the goods in fact; and (d) arbitrarily consumed the difference.

The embezzlement stated in the indictment is that "a sum of approximately KRW 372,323,00 in total over 1,070, as stated in the attached Table of Crimes, sold approximately KRW 264,316,00 among the sales proceeds, and arbitrarily consumed approximately KRW 264,316,00 in total."

Accordingly, the defendant embezzled the property of the victim company during the course of business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G, H and I;

1. Application of Acts and subordinate statutes to the Act and subordinate statutes, including the details of inventory inspection, the management ledger for cancellation of sales, the details of sales payment of E female stocks, the details of sales cancellation of E department stores, investigation reports (related to the confirmation of inventory inspection, calculation of damages), requests for cooperation in investigation (request for submission of the details of cash sales), sales details, investigation reports (report on accompanying data of I voluntarily submitted data for reference, and the details of cash sales

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (generally, the choice of imprisonment) and defense counsel.