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

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

Criminal facts

From May 3, 2013 to November 22, 2016, the Defendant is a person who works at “F store” on the five-story E department stores located in Ulsan-gu, Ulsan-gu, the consignment store of the victim C, and is engaged in the affairs, such as the entry, shipment and inventory management of clothing supplied by the victim company, the sale of goods, and the accumulation of customer mileage.

In selling the clothing of the victim company in the above store, the defendant company should sell the clothing of the victim company at the price set by the victim company, cannot sell at a discount, and there was a duty to obtain prior approval in case of a reason for discount sale.

In order to acquire sales commission by raising sales performance, the Defendant violated the above occupational duties, from November 2, 2014 to November 22, 2016, sold the clothing kept at a discount of about 20 to 30% of the total sum of 25,243,000 won to customers, such as without selling clothes already sold, and by electronically processing them as if they were in inventory, in order to preserve the sales proceeds of a mother and child due to discount, and selling them at a discount of approximately 25,243,00 won.

As a result, the defendant violated his occupational duties, thereby obtaining a total amount of approximately KRW 255,243,00 from customers, and causing damages equivalent to the same amount as the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Sales contract, details of inventory inspection, excess or deficit disposal details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 356 and 355 (2) (including provisions) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines shall be recommended;