A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from September 2, 2015 to February 28, 2017, is the managing director of the victim C Co., Ltd. located in Namdong-gu Incheon Metropolitan City, who has been engaged in wholesale business, purchase, supply, and collection of piping materials, etc.

The Defendant established “E” by lending the name of “E” in order to sell pipes materials, etc. owned by the victimized Company and receive the price thereof.

On July 7, 2016, the Defendant requested F Representative G to issue a tax invoice in the name of “E” to supply piping materials. After requesting F Representative G to issue a tax invoice, from July 2016 to October 2016, the Defendant arbitrarily sold the piping materials equivalent to KRW 29,148,815, the market price of the damaged company for the damaged company at least four times during the course of business storage on behalf of the victimized company, and was transferred KRW 29,148,815, total amount from August 7, 2016 to November 21, 2016, to D’s bank account (H).

Accordingly, the defendant embezzled the property of the damaged company that was under the occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes on entry and departure transactions;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / 【Scope of Recommendation / Embezzlement (Type 1) basic area of embezzlement (Class 1) / 1 year / 1 year / 4 year / 1 year / 1 year / 1 year / 1 year / 4

However, it is desirable to treat the victimized company in a careful society rather than in custody, in consideration of the fact that it is in the natural father and parent-child relationship of the victimized company, the scale and place of embezzlement of materials, support relationship, etc.

shall be deemed to have been.

The punishment of four months shall be determined within the scope of the recommended punishment, and the execution of the punishment shall be suspended for a period of one year on condition of community service for the improvement of sex.