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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant, as the representative director of D (owner) established for the purpose of manufacturing steel products, etc., and the actual operator, and the victim joint-use construction (owner) and D (owner), who is the contractor of E, received and stored the steel required for the said construction from the victimized company, and processed the said construction, and concluded a contract for storage, processing, and supply of the steel products to the affected company for the said construction site.
The defendant had been provided with approximately 539.53 tons of steel bars from the damaged company to the 30th of the same month during the period from September 15, 2009 to the 30th of the same month with the processing request from the damaged company in accordance with the above contract, and kept for the damaged company.
9. From around 15.12 to October 12 of the same year, 508.218 tons of steel bars were embezzled for personal purposes, such as the supply of approximately KRW 348,817,133 to other trading companies.
2. The Defendant committed the crime against the Victim G (victim) with the victim G (owner) who is a subcontractor of a special structure among H’s “H” and D (owner) had been provided with and stored the steel required for the said construction from the damaged company, and processed it, and concluded a steel supply contract with the content that the said company will supply the said construction site. The Defendant kept, processed, and supplied the steel bars for which processing was requested by the victimized company.
The Defendant, from July 9, 2009 to October 8, 2009, was provided with approximately KRW 736.527 tons of steel bars in accordance with the aforementioned contract at D (State) plant in the same manner as that of the preceding paragraph, and kept the damaged company for the sake of the damaged company, in accordance with the said contract.
7. From September 1 to October 12 of the same year, a person arbitrarily uses approximately KRW 440 million in the market price of steel 647.22 tons from October 2 of the same year to be supplied to other trading companies for personal purposes.