1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

From February 16, 2015 to April 4, 2017, the Defendant is a person who works at the E department store F store located in Seongbuk-gu D, Changwon-si, the consignment store of the victim C, and received oral sale from the victimized company and engaged in the work of oral sale, inventory management, etc. of the victimized company.

1. On February 17, 2015, the Defendant used KRW 100,000,000 for personal purposes, such as living expenses and repayment of loans, etc. around that time while receiving money received from customers G by verbal sale at the above E departmentF store to the account of the Defendant’s name in the course of business.

In addition, the Defendant consumed the total of KRW 37,638,90 by the same method over 141 times, as indicated in the list of offenses between around that time and around April 3, 2017.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, in occupational breach of trust, has occupational duties to sell the victim company’s oral sale at the above store, according to the amount determined by the victim company.

Nevertheless, in order to raise sales performance, the Defendant violated his/her duties and did not obtain the approval of the victim company, and sold oral sales to customers in the above store from February 16, 2015 to April 4, 2017, at his/her own discretion an amount of money equivalent to KRW 167,623,90 in total, at a discounted rate of 167,623,90 won, and then entered false sales volume and amount in the said store’s computer system to conceal sales shortage.

As a result, the defendant obtained property benefits equivalent to 167,623,90 won in total from the above customers and suffered damages equivalent to the same amount in the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement statement made with H;

1. A written statement of I;

1. The written information on financial transactions, each of which is provided, and each of them;