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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From around 2001, the Defendant entered into a service contract for storage and shipment of petroleum products with the victim S KNke Co., Ltd., and stored the petroleum products stored in the D repository in the Jinju City operated by the Defendant, and the petroleum products entrusted with the sale of the above products were sold to the customer of the Defendant on behalf of the victim, and deposited the money into the victim.
1. Around September 2001, the Defendant embezzled petroleum products with approximately KRW 119,00,000,000, total market price of approximately KRW 151,450,663,663 won, which was entrusted by the victim until March 2012 due to the following: (a) arbitrarily sold the petroleum products of KRW 300,000,000, which are owned by the victim, and arbitrarily used them for the acquisition price of the above storage place; and (b) reported falsely to the victim on the inventory of the documents; and (c) arbitrarily sold the petroleum products of KRW 150,50,000,00,000, total market price of approximately KRW 1,51,450,663,00,00,000, total market price of the petroleum products of KRW 1,00,797,000,000.
2. Around February 29, 2012, the Defendant, on behalf of the victim, embezzled petroleum sales proceeds, sold 17,794,000 won for the Defendant’s business partners, on behalf of the victim, to the F petroleum products, which are petroleum products entrusted for sale by the victim at the foregoing D storage facility operated by the Defendant, and the Defendant was in custody for the victim, and then arbitrarily consumed for personal purposes, such as paying wages to the employees of the above storage facility and the Defendant’s personal liabilities, around that time, the same year thereafter.
3. From the 16.0. up to the 15.0.., the amount of petroleum products equivalent to approximately KRW 368,844,00 to the defendant's customers over 15 times before and after the 15 times as shown in the annexed list of crimes, 60,532.