A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 8, 2008, the Defendant was sentenced to two years and six months of imprisonment in the Incheon District Court for fraud, etc. and was released on April 30, 2010 and passed on August 14, 2010.

On August 28, 2012, the Defendant entered into an agreement on August 28, 2012 to pay to the victim 70,000,000 won in return for payment in kind to the Defendant’s store located in the wife B, between the victim C, and the Defendant’s debt 71 million won to the victim’s age 660 square meters in possession of the Defendant (in total, equivalent to 40,000,000 won in the market value) and 551 square meters in payment in exchange for payment in kind by the Defendant at the victim’s permission.

Accordingly, the Defendant, on September 2, 2012, while keeping gympis in the above leased warehouse for the victim, embezzled them by arbitrarily disposing of the total amount of 51 million won, including 330 square meters, and 551 square meters, etc., on September 2, 2012.

Summary of Evidence

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Each police statement of C;

1. A copy of a payment contract or an authentic copy of a notarial deed;

1. Application of Acts and subordinate statutes on warehouse photographs;

1. Relevant Article 356 of the Criminal Act; Articles 356 and 355 (1) of the Criminal Act; the choice of imprisonment with prison labor;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] Type 1 (100 million won) (10 to 2 years) where the aggravated area (10 to 6 months) of the Criminal Act (a person under special guard] (a decision of sentencing] is very poor (a decision of sentencing), together with the circumstances presented to the above person under special guard, and the conditions for sentencing such as the background of the crime and the progress thereof, shall be determined as per the order