A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On April 12, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for embezzlement from the Vice-Support of the Incheon District Court, and the above judgment became final and conclusive on April 20, 2017.

[Criminal facts]

1. On August 2015, the Defendant removed a seizure indication attached to 13 million won, which was assessed by the enforcement officer E affiliated with the subsidiary branch of the Incheon District Court, from “D” located in Kimpo-si, Kimpo-si, Kimpo-si, and caused the utility thereof to be disposed of to the purchaser of used machines.

2. Around March 2016, the Defendant, at the place indicated in paragraph 1 of the foregoing paragraph, destroyed its utility by removing a seizure indication attached to one of the 3.2 million won appraised by E enforcement officers affiliated with the Busan District Court branch offices, from the place of the foregoing paragraph (1) and returning it to F.

3. On May 2016, the Defendant: (a) removed a seizure indication in an amount equivalent to KRW 20 million as assessed by E enforcement officers affiliated with the subsidiary branch of the Incheon District Court at the place indicated in paragraph (1) above; (b) removed one half of the appraised value of KRW 20 million from the assessed value of KRW 13 million from the assessed value of KRW 13 million from the assessed value to the purchaser of used machines; and (c) removed the attachment indication in an amount equivalent to KRW 13 million from the assessed value to dispose of it to the purchaser of used machines.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Sales of each process deed, a list of transferred collateral, a report on the inspection of seized objects with support from the Incheon District Court, a list of seizure, a response statement, an appraisal statement, and a report on the appraisal of movable properties with support from the Incheon District Court;

1. Previous convictions in judgment: Investigation report (report on confirmation of the period of suspension of execution of suspects), sentence, etc., and application of Acts and subordinate statutes regarding criminal history;

1. Article 140 (1) of the Criminal Act and the choice of punishment for the crime, Articles 140 (1) of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Reasons for sentencing - favorable circumstances: The Defendant recognized and reflected the mistake.

- Unfavorable circumstances: the Defendant borrowed KRW 10 million to G, etc., and the Defendant was unable to timely remove the change.