A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who actually operates a limited company D with limited liability established for the purpose of steel bars, concrete construction business, etc. on the first floor of Jeju and underground level.

On October 5, 2015, the Defendant agreed to purchase construction materials, such as oil pumps, square pipes, and joint plates, from the employees F of the victim E company at the above company office, and the Defendant agreed to reserve the ownership to the victim until the full payment of the goods is completed.

Nevertheless, from October 16, 2015 to December 12, 2015, the Defendant received construction materials (including 221,812) equivalent to 874,173,300 won from the injured party under the said contract, and paid 418,60,000 won for goods to the injured party, and embezzled construction materials equivalent to 455,573,30 won for the injured party at the G construction site, etc. at around October 2016, while the Defendant kept the materials for the injured party at the G construction site, etc. at around October 16, 2016, he/she arbitrarily transferred the construction materials equivalent to 45,573,30 won to H and I, and from February 2-3, 2017 to J as the repayment of each labor expense.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against the accused (two times, replacement of the accused);

1. Statement of the police made to K, H and J;

1. Application of sales contract and ex-factory status statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The basic area (one year to three years) of the scope of the recommended punishment according to the sentencing criteria;

2. In light of the fact that the amount of damage in this case’s decision is large and that the amount of damage in this case’s sentence was paid to the victim by compulsory execution, the amount of the price of the goods currently unpaid is at least 245 million won.

However, the defendant recognizes and reflects the crime, and there is no record of punishment heavier than that of punishment for the same kind of crime.

Labor costs shall be paid to the defendant in the course of executing construction works as materials owned by the victim.