A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who had worked as a branch office in the Busan metropolitan area of the Victim C Co., Ltd (hereinafter “victim”) located in Busan metropolitan area B from September 2009 to October 2014.

The Defendant: (a) around November 2009, at the above Busan direct store, sold Modice in the business of the Modice consultant, using the circumstance that the damaged company would pay the amount equivalent to 5% of the sales amount to the pertinent Modice consultant as a commission fee; (b) received money from the victimized company on the ground of false Modice consultant from the victimized company for using it as operating expenses of the Busan direct store; and (c) completed the sales performance as if D had paid sales performance while working as the Modice of the above Busan direct store; and (d) made a false report on D sales performance to the victimized company.

However, in fact, D did not have any sales performance because it had not been worked as a Modice consultant at the Busan direct store.

Nevertheless, on December 15, 2009, the defendant deceivings the damaged company as above and caused the damaged company to remit KRW 639,580 to the E bank account (F) in the name of D around December 15, 2009, and then, from that time until January 2015, the defendant acquired KRW 48,192,531 in total over 53 times as shown in the annexed crime list from January 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes of a report on investigation (the attachment to revision of a list of crimes);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is that there is no basic area (6 months to one year and six months) [the person who is subject to special sentencing] [the decision of sentence], fraud amount, and fraud amount are used for personal purposes.