When the defendant does not pay the above fine, 100,000 won.

The defendant is a person who has served as the head of the victim D Co., Ltd. in Masung City.

On December 11, 2014, the Defendant: (a) instructed E, a subordinate employee, to take an amount of 24 tons of raw materials equivalent to 55 million won at the market price, owned by the victim company, which was in custody for the victim company at a warehouse in the victim company; and (b) embezzled arbitrarily with G located in F in the area of the right line at the time of loading onto the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. The defendant asserts that the defendant did not have the intention of embezzlement since the representative director of the victim company at the time was likely to have deducted the raw materials of this case, and the defendant did not have the intention of embezzlement.

However, insofar as the ownership of the raw materials of this case is owned by the victim company, and the defendant arbitrarily disposed of the raw materials of this case without going through the internal procedure of the company, the criminal intent of embezzlement cannot be denied solely for the reasons alleged above.

Application of Statutes

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. When rehabilitation procedures for the victim company with reasons for sentencing under Article 334(1) of the Criminal Procedure Act were abolished on December 10, 2014, the Defendant appears to have taken the instant raw materials out of the third place in preparation for the closure of the victim company. After that, considering the fact that it is difficult to view that an I company established by the Defendant received the instant raw materials from the victim company from the victim company and it is still difficult to deem that the damage to the victim company remains, the Defendant shall be punished by a fine.