Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of a construction company, and the victim C is a person who is engaged in the building material leasing business.

On April 2015, the Defendant decided to lease construction materials equivalent to approximately KRW 6,855,00 at the market price used for civil engineering works in his/her construction site located in Nowon-gu, Seoul Special Metropolitan City (a short pipe pipe, etc.) from the damaged party. On the condition that monthly rent of KRW 359,340 is paid from April 21, 2015 to December 20, 2015, the Defendant refused to return the construction materials even if he/she received a request for return of the construction materials from the damaged party after the expiration of the contract period while using and storing the construction materials at the construction site after the expiration of the contract period from June 27, 2016.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Statement of witness C in the protocol of examination of witness;

1. Statement made by the police with regard to C;

1. The Defendant’s statement and statement of transaction (the Defendant and the defense counsel asserted that the construction material was purchased rather than leased from the damaged party, but in light of the C’s statement and the content of the objective disposition document, etc., the Defendant and the injured party agreed to sell and purchase the construction material.

Rather, according to the above evidence, it is difficult to view that the above evidence is sufficiently recognized that the building materials were leased as stated in the facts charged and the return thereof was not returned.

1. Article 355 (1) of the Criminal Act and Article 355 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;