A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 12, 2014, the Defendant, as a business owner of an agency that entered into a contract with C with the injured party, sold the products supplied by the injured company, and kept the remainder except the Defendant’s fee out of the sales proceeds, and transferred the products to the injured company.

From November 2014 to March 2016, the Defendant embezzled KRW 95,162,171 in total by arbitrarily consuming the amount, excluding the Defendant’s fee, from the sales proceeds of the goods, such as clothes, supplied by the victim company, from the “E shop” operated by the Defendant in Daejeon Seo-gu, Daejeon, by means of personal consumption, etc. while keeping the money for the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A copy of agency contract, a copy of the agreement on the shipment of products, and a statement of the amount of damages [the defendant and defense counsel] were due to the circumstance that the sales proceeds were not paid at the time to the victim company for personal purposes, not for personal purposes, but for personal purposes but for rent, financial loans, interest, personnel expenses, etc. due to deterioration of business management, and the defendant was sufficient to secure the above amount of the above amount of the account due to the lower right of claim amount of 20 million won and the lower right of claim amount of 200 million won. Thus, the defendant did not intend to commit embezzlement

The ownership of consigned goods on consignment is owned by the mandator, and the sales proceeds shall accrue to the truster at the same time as the consignee receives them. Thus, the crime of embezzlement is established if the commission agent arbitrarily uses and consumes the consigned goods or the sales proceeds (see Supreme Court Decision 89Do813, Mar. 27, 1990, etc.). In the crime of embezzlement, the intention of unlawful acquisition is called the intention of embezzlement.

person in violation of his duty to pursue the interest of himself or a third party and to keep it in custody;