A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

The defendant is a working person in B, the victim C is a representative in E in the granted group D, and the defendant and the victim have traded plastic raw materials from January 2016.

1. On November 16, 2016, the Defendant was entrusted with selling 13,600,000 g of plastic raw materials PP 13,600 g of the market price from the victim’s “E” as of November 16, 2016, and sold the said plastic raw materials to “(State)F” around that time, and received KRW 2,00,000 on January 10, 207, and used the said KRW 8,082,000, excluding KRW 3,800,000, out of the processing costs and transportation costs, and instead used the said KRW 8,082,00,000, excluding KRW 3,800,000 for the Defendant’s pressure return to the victim.

Accordingly, the defendant embezzled the victim's property.

2. On June 29, 2017, the Defendant was in custody with a consignment from the victim to sell 11,552,000 won of plastic raw materialPE 14,440 kilograms, and around that time, sold to “G” companies and delivered KRW 11,552,00 on the same day from the above company, but used them at will without returning to the victim, for payment of the Defendant’s proceeds from pressure withdrawal.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Details of transactions;

1. Application of Acts and subordinate statutes to investigation reports (specific amount of PP sales proceeds which a suspect does not know to the complainant);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (4-1 year and 4 months) of the basic area (4-1 year and 4 months)] (the decision of sentence] has not yet been fully recovered.

However, the defendant's mistake is recognized, and the same shall apply to the case and fine.