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

Punishment of the crime

On January 5, 2013, the Defendant entrusted repair to four parts of machinery equivalent to KRW 60,000,000,000 in total market price of KRW 1,200,000,000 from the injured party, and decided to return to the injured party by accepting it until April 30, 2013.

However, while the Defendant kept four above machinery for the victim, the Defendant borrowed KRW 30 million individually from Q Q companies located in Nam-si around February 2, 2013 to around March 3, 2013, and arbitrarily delivered the above machinery first 200 p.m. for the purpose of providing security, and arbitrarily delivered the remaining three machinery from July 8, 2013 to the creditors as debt repayment.

Accordingly, the Defendant embezzled the property of the victim in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against AO;

1. Application of the Acts and subordinate statutes on the contract for RPF production;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Type 1 (less than KRW 100,00) basic area of the crime of breach of trust within the scope of sentencing guidelines set forth in the sentencing guidelines of the Supreme Court sentencing committee in consideration of the contents and result of the crime, background of the crime, circumstances after the crime, the amount of embezzlement, the amount of the crime of embezzlement, the agreement between the victim and the United States, the criminal records, the age and conduct of the defendant, the environment and other various sentencing conditions shown in the argument of this case: the punishment of breach of trust within the scope of sentencing guidelines set forth in Articles 4 and 1 year and 4 months shall be set as the sentence.

It is so decided as per Disposition for the above reasons.