A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

1. From August 10, 2015 to March 1, 2016, the Defendant was employed as a representative of G’s business team engaging in wholesale and retail business, such as dys, feed, etc. located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, and was in charge of the sales and collection of goods to customers.

The victim H, who operates G, supplied 118,398 g of the total weight of 118,398 g on the first day of the case to the customer I, and the Defendant, from I, transferred KRW 25,000,000 to the price of its supply on March 31, 2016, KRW 4,007,50 on April 4, 2016 to the bank account (number: J) of each Defendant’s name, and was in the custody of the victim for his/her personal use on his/her own around that time.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

2. Fraud;

A. The Defendant, while working in G, operated anO on the ground that N was a representative in the name of N from January 2016 to April 2016, when the Defendant was working in G, operated a P to conduct the same business as the Defendant’s representative from Apr. 2016.

However, since O and P began business with less than KRW 10 million in capital, they were supplied to the first customer at a price lower than the market price in order to secure the customer. The Defendant had previously been assessed at a lower rate than 9-10 due to business failure in multiple times, and it was difficult for the bank to borrow a loan from the bank; on the other hand, there was no special property or income; on the other hand, the Defendant used the first sale proceeds for sports gambling on the Internet, the Defendant continued to pay the payment in the form of a refund of the credit payment to the customer, and thus, even if the Plaintiff received the first sale from the customer, it was willing to pay the said amount at the time.