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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

(2012 Highest 2054) On July 13, 2011, the Defendant: (a) was engaged in precious metal wholesale and retail business with the trade name of Jongno-gu Seoul Jongno-gu Seoul D Prize 205 and 206 “E”; (b) was issued by the victim G engaged in precious metal wholesale and retail business with the trade name of “F” to secure and use trading funds by securing a set-off of 200 km; and (c) was issued by the victim at any time if a talk was talked only one week prior to the settlement of the talk.

The Defendant, at H located in 208, kept 200 km, for the victim, and was returned 100 km from H on August 201 and September 201, 201, the Defendant embezzled 200 km in the amount of KRW 310 million in the market price by arbitrarily disposing of 100 km at H, and then arbitrarily disposing of 100 km in the above 207.

Summary of Evidence

1. Entry of the defendant's partial statement in the second and fourth trial records;

1. Entry of witnesses G in the third protocol of trial in the legal statement;

1. Entry of the witness J in each legal statement in the fourth trial record;

1. Application of Acts and subordinate statutes to copies of a certificate of storage;

1. Determination as to the assertion by the defendant and his defense counsel under Article 355(1) of the Criminal Code of the relevant criminal facts

1. 주장 피고인은 피해자로부터 순은 200kg을 은 그래뉼(가루보다 약간 큰 알갱이 형태의 가공되지 않은 원자재로서의 은)의 형태로 받았는데, 은 그래뉼은 화폐와 같은 가치물이므로 특정물이 아니고, 피해자로부터 1주일 전에 요구를 받으면 피해자에게 동일한 가치의 은이나 그 가액 상당의 금원을 돌려주기로 약정한 사실도 있다.

따라서 은 그래뉼 200kg에 대하여 소비대차 또는 소비임치가 성립하였으므로, 피고인이 이를 타인에게 매도한 것은 횡령죄가 성립하지 않는다.

2. The judgment of embezzlement is established when the person who keeps another’s property embezzleds the property, and a loan for consumption is to transfer the ownership of money or other substitutes to the other party.