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

Punishment of the crime

The defendant is the representative director of D Co., Ltd. established for the purpose of the business of arranging aggregate transportation in Yeonsu-gu Incheon Metropolitan City C building 302.

From around 2010, the Defendant arranged for the victims to transport aggregate requested by the U-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

A. On October 15, 2012, the Defendant, at the foregoing office around October 15, 2012, kept 15,359,731 won, excluding the commission, from among the transportation charges that the victim E received from the relevant company, for transporting aggregate from the relevant company E, from August 1, 2012 to the 15th of the following month, and used at his/her own discretion around that time.

B. On October 15, 2012, the Defendant, at the foregoing office around October 15, 2012, kept KRW 17,877,182, excluding the commission, from among the transportation fees that the victim F was paid from the Jin enterprise Co., Ltd. to the 15th day of the following month, for the victim, he/she arbitrarily consumed the remainder of KRW 17,87,182.

Ultimately, the Defendant embezzled total of KRW 33,236,913 from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement about E and F in the police interrogation protocol against the defendant

1. Statement of the police statement of E;

1. Application of each tax invoice and each tax invoice statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;