Defendant

A Imprisonment with prison labor for six months and for ten months, respectively.

except that from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A sold 'D', ‘E', a C clothing store, from E to E, a person in the name of the business.

Defendant

B is the actual operator of each of the above stores.

Defendants are married.

After receiving and selling goods such as the Victim F Co., Ltd. F (hereinafter “victim”) and C brand clothing, the Defendants entered into a consignment contract with the victim F Co., Ltd. (hereinafter “victim”) to deposit the sales amount excluding the 35% finished from the price.

When the operation of the store is difficult while the defendants kept the clothing of the victim company and operated the clothing by selling them, the defendants intentionally omitted the sale proceeds and expressed their intent to refuse the return of the goods by using them as operating expenses for the store or moving the clothing in E to D.

The Defendants sold the clothing 2,019 worth of KRW 81,67,336 in total, as shown in attached Table 1, and consumed the sales proceeds as operating expenses of store, etc. without depositing the sales proceeds into the account of the victim’s account, while the Defendants kept the clothing supplied from the victim’s company from October 1, 2016 to December 9, 2016 under the consignment sale contract as above.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Agency transaction contract (D) and agency transaction contract (E);

1. A certificate of non-registration of sale of goods;

1. Current status of D sales;

1. A certificate for the management of horizontal mobile goods;

1. Guidance on urging to pay accounts receivable for sales (proof of its content on December 12, 2016);

1. Current status of receipts and payments by period (E), current status of receipts and payments by period (D), monthly receipts and payments by customer (E), and total sum of monthly payments by customer (D);

1. Current status of attempted burials;

1. Application of Acts and subordinate statutes to the performance guarantee insurance policy, investigation report (related to the grounds for guaranteeing securities for performance guarantee);

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 355 (1) of the Criminal Act and Article 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act.