A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 2016, the Defendant prepared a written contract with the victim B (B, Russian nationality) who intends to sell the MAXUM among the “MAXUM” at the port of the Busan Shipping Daegu Maritime Affairs, Busan Maritime Affairs, 84,000, stating that “The Defendant would sell the MAXUM to that person on behalf of the party, because there is a person to purchase the MAXUM.” From among the sales prices, the Defendant would offer the cost of customs clearance and the repair cost, and US$ 50,000 (Korean KRW 57,245,000) until October 30, 2016.”

The content of the above contract between the defendant and the victim is a consignment contract with the content that the defendant sells in lieu of the line owned by the victim, but when the defendant receives the payment after the sale, it is a consignment contract with the content that the defendant delivers USD 50,000 to the victim.

around September 9, 2016, the Defendant received KRW 120 million in total from C to October 25, 2016, and embezzled USD 50,000 ($ 57,245,000 in Chinese currency) among them for a victim, while keeping USD 50,00 in custody for a victim, he/she received KRW 73 million in personal consumption at no time during the period from September 9, 2016 to October 25, 2016, and continued to receive approximately KRW 47 million from December 14, 2016 to June 5, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B and C of each police statement, customs clearance statement, quotation, import declaration certificate, each metre form contract, copy of each judgment, certificate of registration of power-driven water leisure craft, contract for the sales of middle boat, account inquiry, and certificate of transfer confirmation;

1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [the scope of recommending punishment] [the grounds for sentencing of imprisonment] [the grounds for sentencing of imprisonment]] and no basic area ( April to one year and four months] [the decision of sentencing] [the decision of sentencing], even though the amount of embezzlement of this case exceeds 57 million won, damage recovery has not yet been made at all, and the defendant has previously committed fraud.