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

Punishment of the crime

Around May 2012, the Defendant, as a wholesaler of golf products, entered into an agreement with the victim to return the said golf bonds to the victim at any time in the (ju)F office in Gangnam-gu Seoul Metropolitan Government, in the form of a sales consignment, after being issued with the victim with the golf bonds, different from the golf bonds, within two to three months. However, if the golf bonds are not sold, the Defendant agreed to return them to the victim at any time.

On June 4, 2012, according to the above agreement, the Defendant arbitrarily delivered the above golf bond set to G under the pretext of payment in lieu of the existing debt held by the Defendant against G, even though it was requested by the victim on July 2012, 2012, while the Defendant received the golf bond 170,000 won and the market price of 16,50,000 won and kept the golf bond 183,000 won and was kept for the victim.

Accordingly, the Defendant embezzled the above golf loans worth KRW 44,650,000,000.

Summary of Evidence

H adopted documents, etc. containing statements made by an investigative agency as evidence pursuant to Article 314 of the Criminal Procedure Act, but it does not appear to be necessary in the summary of the evidence, considering that the judgment is not necessarily necessary.

1. Partial statement of the defendant;

1. Statements made by witnesses E in the fourth trial records;

1. Part of each protocol of examination of the accused by the prosecution (including the whole part);

1. Each statement of trading [the defendant and his defense counsel] set of golf loans as stated by the victim (hereinafter referred to as "the golf loans in this case").

) The point of time at which the return was requested is later than the end of July 2012, rather than the end of August, 2012, and that at that time, there was no fact of embezzlement, and that there was no intention of embezzlement (the summary of the pleading submitted after the conclusion of the pleading is entrusted to G with resale).