A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person engaged in a construction business, and the victim B is a person who is engaged in a construction material leasing business under the trade name “D” at the time of strike.

On May 29, 2016, the Defendant entered into a contract with the damaged party at the foregoing “D” office from June 1, 2016 to November 30, 2016, to lease construction materials, such as 31,695,00 won at the market price to be used at the complex construction site at Jeju-si from Jeju-si, and received delivery of construction materials, such as water pumps, at the construction site at the above main construction site.

The Defendant rejected the request for the return of construction materials, such as water pumps, from the injured party on January 31, 2017, while keeping construction materials, such as water pumps, for the victim without justifiable grounds.

As a result, the Defendant embezzled construction materials such as water pumps equivalent to the market value of 31,695,000 won owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes on filing a complaint (including attached documents, such as a contract for lease of oil pumps) and each investigation report;

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

1. It is so decided as per Disposition by taking into account the various factors of sentencing as shown in the argument of this case, such as the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., such as the scope of damage caused by the sentencing of Article 62(1) of the Criminal Act and the agreement with the victim.