A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 20, 2010, the Defendant, who was entrusted with the custody of approximately 79.296 tons of steel bars owned by the victim E from Gwangju-si, Gwangju-si, and kept them for the victim. On October 19, 201 and January 28, 201, the Defendant embezzled 52 tons of steel bars equivalent to approximately 41,00,000,000 of the market price during the said steel period to 24,268,618 won without the victim’s permission.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses D and E in the third protocol of trial;

1. Examination protocol of the accused by prosecution;

1. E and D statements among the second police interrogation protocol against the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. The Defendant asserts that the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts and the Defendant’s argument regarding the determination of the Defendant’s assertion that the steel bars should not be embezzled, since the Defendant entrusted D with the custody of the steel bars and disposed of the steel bars with D’s consent.

In light of the above evidence, D, while entrusting the Defendant with the custody of the steel bars, notified the Defendant that the steel bars were owned by E, and thereafter, the Defendant was allowed to supplement the steel bars after the short-term use of a large amount of steel bars from D, and to dispose of the quantity that reaches approximately 5/8 of the steel bars, it can be acknowledged that there was no permission. Thus, the Defendant embezzled the steel bars of E.

Therefore, the defendant's assertion is not accepted.

The reasons for sentencing shall be determined as per the disposition in consideration of the fact that the defendant has not been punished for embezzlement, but the victim's damage is not so much, and the victim's damage has not been recovered.