A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 20, 2015, the Defendant, while operating C, entered into a contract for the lease of construction materials with D Co., Ltd., the Defendant leased construction materials from that time to September 9, 2015, and had the victims keep construction materials equivalent to KRW 46,438,150, including pipes, for the victim until the F works in Gangwon-gu Steel completed.

Around November 12, 2015, while the Defendant kept the said construction materials for the victim, the Defendant prepared a letter of payment to the effect that “I would not raise an objection even if I would dispose of the construction materials stored at the construction site without paying the labor cost incurred by subrogation from the construction of Seongdong City until November 20, 2015, to the construction of Seongdong City, Inc., a contracting party to the said F Corporation, “I will not pay the labor cost incurred by the construction at the construction site from November 20, 2015.”

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and H;

1. A protocol concerning the examination of each police officer in relation to I, G and J;

1. Statement made by the police with H;

1. A copy of a contract for lease of temporary equipment, a statement of transaction (from May to August), a statement of transaction details, a statement of loss, a statement of loss, etc., electronic tax invoice, content certification (State D), written reply, a statement of performance of obligation for construction works, each payment, each letter of payment, evidence photographs, a statement of destruction of temporary materials, a statement of destruction of evidence, a statement of settlement, a on-site photographing, a standard contract for construction works, a statement of settlement, a statement of settlement, a result of transfer processing, a statement of payment of labor expenses, etc.;

1. Application of Acts and subordinate statutes to a complaint, letter of delegation and letter of complaint;

1. Article 355(1) of the Criminal Act applicable to the crime, Article 355(1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment, etc. have been denying the crime in this case by an investigative agency, etc., the victim of this case has not been agreed with the victim even though the amount of damage in this case exceeds 40 million won, and the defendant has approximately ten criminal records in addition to the crime of this case.