A defendant shall be punished by imprisonment for one year.

However, 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

From June 1, 2012, the Defendant had been engaged in the sales and collection of drinking products of the said company as a member of the business of the victim D Gyeongbuk branch in Daegu-gu, Seo-gu.

1. Occupational embezzlement;

A. On March 23, 2013, the Defendant entered in the customer purchase ledger that he/she supplied F 10,000 amblings worth KRW 240,000 to E, a customer at the office of the said Gyeongbuk branch. However, he/she sold it to another business partner, such as H located in Daegu Northern-gu G, and collected the price, and used it for the business of the said company. At around that time, the Defendant used it for personal purposes, such as repayment of the Defendant’s personal debt interest.

From around that time to September 28, 2013, the Defendant consumed total of KRW 48,286,828 by the same method over a total of 21 times, such as the list of crimes (1) in attached Form 1.

B. On August 30, 2013, the Defendant: (a) collected KRW 35,190,000 from I, a business partner, at the same place as indicated in the foregoing paragraph (a) on August 30, 2013; and (b) consumed the amount for personal purposes, such as the Defendant’s repayment of interest on the Defendant’s personal debt.

From around that time to September 18, 2013, the Defendant consumed a total of KRW 52,478,730 in the same way on the same six occasions, such as the attached list of crimes (2).

Accordingly, the defendant embezzled the victim's property.

2. When the defendant in occupational breach of trust sells beverages of the above victim company, he shall sell them according to the standard price determined by the company.

Nevertheless, around August 31, 2013, the Defendant sold drinking products to I, a customer, in violation of the occupational duty to observe the price standards set by the company, at the same place as the above 1's paragraph (a) and sold them at the price below 4,172,206 won, which is the standard price set by the company.

Accordingly, the defendant has acquired property benefits equivalent to 4,417,206 won in I.