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

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

Punishment of the crime

[Criminal Power] On October 26, 2018, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Daegu District Court on the same day, and the said judgment became final and conclusive on November 3 of the same year.

【Criminal Facts】

The defendant is a person who has operated C in G in the Glurgic Zone B.

On July 27, 2015, the Defendant sold H produced from G in Germany to the victim F in the office of the Co., Ltd., Ltd., Ltd., Inc., Ltd., located in Haan-gun, Haan-nam, Haan-gun, in KRW 417,598,711, and recovered the said machinery at the time of exchange or refund due to defective defects in the said machinery.

Before exchanging the above machinery with other machinery or preventing refund, the Defendant sold the said machinery for KRW 400 million to I on February 10, 2017, and received the price, and embezzled it by voluntarily consuming it with the operating funds of the company, etc. while being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of written judgments), application of court rulings and other statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommendations], the scope of the punishment for embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], the mitigated amount of punishment or the amount of significant damage, and six months to two years;

3. Determination of sentence: Taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc., and the various conditions of sentencing as shown in the argument of the case.