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

From January 2010 to September 2016, the Defendant served as the chief of the business of the cosmetic Do and retail chain operated by the victim D, which was located in the Nam-gu Incheon Metropolitan City C and 113 (1st floor) and engaged in the sale and collection of cosmetic materials.

On December 3, 2014, the Defendant collected KRW 140,800 for the supply of cosmetic materials from H that operated the “G beauty room,” which is the customer of the victim in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and used them arbitrarily at around that time for living expenses, etc. in the city of Incheon.

In addition, the Defendant, from October 28, 2014 to September 30, 2016, embezzled KRW 50,762,80 in total for the supply price of beauty art materials that were collected from the customer of the victim at a total of 94 times, as shown in the list of crimes, arbitrarily used them for living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The complaint, the business registration certificate, the certificate of deposit, and the details of deposit (9) and each account transaction (10 to 12) respectively;

1. Application of Acts and subordinate statutes on investigation reports (the attachment of details of transactions with a new bank and SC bank account of the person under investigation (the list of crimes) and the list of offenses;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of the recommended punishment] [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Scope of the recommended punishment] [Article 62(1) of the mitigated sentence [Article 1-10 months] [Ruling of the sentence] [Article 4(1)] of the Non-exclusive penalty [Article 62(1) of the Act / In light of the period of the instant crime, its content, and the amount of damage, etc., the criminal liability of the defendant is not easy, but it is against the defendant's recognition and depth, damage is not wanting to be punished by the victim by mutual agreement with the victim. There is no history of the