A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From August 29, 2015 to March 17, 2016, the Defendant served as a shop in D, which is a business office of the Victim C Co., Ltd. (hereinafter “victim”) located in Busan Jung-gu, Busan, and has been engaged in the sales of products, sales proceeds, and inventory management.

1. On September 1, 2015, the Defendant sold clothes, caps, bags, etc. to his nameless customers in the above D and did not deposit sales proceeds of 485,000 won into the account of the victim company’s management even after having received cash payment, and then consumed the sum of KRW 16,443,60 for the personal purpose, such as living expenses, etc., from around that time to March 16, 2016, without depositing the sum of KRW 16,443,60 as shown in the list of crimes in attached Form (1) into the account of the victim company’s management.

2. On August 29, 2015, from around March 17, 2016 to around March 17, 2016, the Defendant sold 49,000 won (950 PITPR AGBK) of the market price in which stocks are kept in inventory from the above D, to customers with no name, and received 49,000 won from sales proceeds in cash, but did not deposit them into the victim’s management account without stating the details of sales, and then used 20,131,000 won for personal purposes, such as living expenses, from around that time to March 17, 2016.

Accordingly, the Defendant embezzled the property equivalent to the sum of 36,574,600 won owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. While embezzlement of a certain amount of money over a long period of time for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act, the nature of the crime is not weak, it is recognized that mistake is recognized and against the victim.