Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who operates a victim (ju)C for the purpose of the electric power distribution team, electric seter manufacturing business, fire fighting construction business, etc. located in B in ethic City D and Dong business.

The Defendant, while having kept 3,00 kg of Aluminium raw materials supplied by Aluminium in the victim company for the victim company, sold them to the scrap metal business operator on April 7, 2017, and arbitrarily used 4.5 million won of the sales proceeds for personal purposes, such as child marriage expenses.

Accordingly, the defendant embezzled the property of the victim company that was kept in business.

Summary of Evidence

1. Legal statement of witness D;

1. Daily business report (taking out of the raw materials) (the defendant and his defense counsel denies the crime to the effect that the defendant disposes of the raw materials with Aluminium, or that the sales proceeds are used with D's permission as the representative of the victim company. However, there is no evidence to deem that the defendant was permitted to dispose of the sales proceeds at the time of disposing of the above raw materials, and as long as the defendant arbitrarily uses the money to be deposited with the corporation's funds for personal purposes, the crime of embezzlement is established. Accordingly, the above assertion by the defendant and his defense counsel is rejected).

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;