A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On February 27, 2012, the Defendant: (a) at the “D office located in Chungcheongnam-si, Chungcheongnam-si; (b) in fact, even if the victim E company (E company), who is the lessee of the building temporary materials, leased the building temporary materials, it appears that the victim would pay the purchase price despite the absence of the intent and ability to pay the purchase price; and (c) in that sense, the Defendant acquired the pecuniary benefits equivalent to the said amount, as the Defendant did not lease the monthly rent from the victim to August 2012, the building temporary materials worth KRW 127,891,940, while paying the purchase price for the monthly rent from March 2012 to August 2012.

2. The Defendant embezzled, from February 28, 2012 to August 2012, 2012, by arbitrarily disposing of construction temporary materials equivalent to KRW 422,760,000 of the market price owned by the leased victim, as indicated in the attached crime list, from April 28, 2012 to July 2012, the Defendant leased a building temporary materials from “E company” to store the victim for the sake of the victim. From April 2012 to July 2012, the Defendant embezzled the said temporary materials by arbitrarily disposing of the leased victim’s market price of KRW 422,760,00,00, as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to the quantity and unit price of goods, balance on a monthly basis, temporary goods lease agreement, estimates, materials order certificates, materials order slips, monthly rent lists, monthly rent lists, bill of shipment, and the amount of shipment by date;

1. Relevant Article 347(1) of the Criminal Act and Article 355(1) of the Criminal Act (the point of fraud) concerning the crime; Articles 347(1) and 355(1) of the Criminal Act of the choice of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the Defendant committed an act of disposal, embezzlement, etc. to pay personal debts at a reasonable price (as indicated in the ruling, the market price is KRW 400 million, and the Defendant stated that he/she disposed of KRW 140,000,000) while keeping the construction and provisional materials, and thus, he/she did not properly pay damages.