A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who actually operates an electronic commerce business with the trade name of “stock companyB” (hereinafter “B”), and the victim C is a person who operates a mutual health food manufacturing business with the trade name of “D”.

From December 26, 2017, the Defendant and the injured party enter into a consignment contract with the content that, after consignment sale of BD's goods, they settle the remainder after deducting the commission from the sales amount into D and continue transactions.

There have been suspended units, and around the end of November 2018, the above consignment transaction had been resumed upon the defendant's request, and since January 25, 2019, the above consignment sale was conducted through E, a large electronic commerce company.

The Defendant sold the victim’s goods through consignment from January 25, 2019 to February 2, 2019, caused sales of KRW 25,056,152, and received settlement of KRW 14,203,975, excluding advertising expenses and E’s fees, from E, and thus, the Defendant had the victim keep the remainder of KRW 13,493,776 for business purposes.

Nevertheless, the Defendant deposited KRW 2,607,107 among the above KRW 13,493,776, which was kept for business on March 15, 2019, and embezzled the remainder of KRW 10,886,669 for personal use around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the accusation, sales and use contract, each e-mail (case of requesting the settlement of sales proceeds in March), the message details of Kakakao Stockholm, suspect’s written statement and transaction ledger, B banking transaction details, E immediately request for payment services, submission of written statements, transaction ledger, and recording files;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The grounds for sentencing under Article 62(1) of the Criminal Code (the conditions favorable to the reasons for sentencing below) are as follows, together with the age, character and conduct and environment of the defendant, and the relationship with the victim.