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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

As a trucking business operator, the Defendant is a person who is entrusted with the carriage of eggs from the victim agricultural company B (owner), which is a company producing the eggs, and is engaged in the carriage of eggs supplied from the victim company to the Section C, which is a company processing the eggs, and D is an employee who takes charge of the transportation of eggs from the State to the Section C.

The Defendant and D, after deducting the column of supply from the Victim Company to (State)C, intended to sell it to the retail store and divide the profits therefrom.

According to the foregoing mother, while the Defendant was in custody of 5,040boards for the victim company located in Gancheon-gun, Gancheon-gun on September 20, 2019 for the victim company, the Defendant was in custody of 5,040boards for the victim company on the vehicle, and did not arbitrarily sell 1,800boards in the column of 5,040boards in the vehicle onto the vehicle (5,130,000 if the market price is 5,130,000 won) from the column of 5,040boards in the vehicle, as described in the attached list of crimes, from that time to October 14, 2019, the Defendant did not arbitrarily sell it to the retail store without selling the column of 56,732,400 won in total, which is owned by the victim company on the vehicle.

Accordingly, the defendant and D embezzled the property of the victim company in collusion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Each investigation report (the sequence 11, 13, 15 of the evidence list);

1. Application of statutes concerning confirmation of each business registration certificate and delivery problem;

1. Article 356 of the Criminal Act, Articles 355 (1) and 30 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 Criminal Code of the suspended sentence is the case where the defendant conspireds with D where the victim company was entrusted with carriage of eggs by the victim company and C employees were involved in embezzlement in collusion with D where the victim company was supplied to C.