A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 10, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of forging private documents at the Incheon District Court, and the sentence became final and conclusive on the 18th day of the same month.

The defendant is a field manager at the B commercial construction site at the time of strike.

On January 3, 2010, while the Defendant kept 46 tons of the steel bars owned by the victim C, who is a captain of a steel construction business, for the said victim, at the construction site on January 1, 2010, the Defendant arbitrarily transferred 33 tons of the steel bars worth 23,100,000 won of the market price during the said steel bars to D E representative director under the pretext of the contract for construction work.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement of the F, E, and G;

1. A copy of the confirmation of removal and the statement of performance, and the statement of transactions;

1. A copy of a standard subcontract agreement for construction works;

1. A written waiver of the right to construction;

1. Previous records: Application of criminal records and investigation reports (verification of the fixed date of a separate punishment and attachment of written judgments);

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 on the grounds of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes;