Defendant

A shall be punished by imprisonment with prison labor for eight months and by a fine of one million won, and by a fine of five hundred thousand won for defendant limited liability company B.

Defendant .

Punishment of the crime

【2020 Highest 35】

1. Defendant A’s embezzlement is the representative director of Limited Company B, who is engaged in aggregate extraction business.

From December 14, 2016 to December 31, 2018, the Defendant leased 1,680CC C from the victim C to December 31, 2018, the Defendant collected aggregate by storing the instant equipment on behalf of the victim company, while paying KRW 5 million per month, excluding value added tax.

On July 7, 2018, the Defendant expressed his intent to terminate a lease agreement to the victim company and consented thereto, and was demanded by the victim company to return the instant equipment to G in case where the victim company was located.

Nevertheless, on September 7, 2018, the Defendant refused to return the instant equipment owned by the victim company by delivering the instant equipment and other equipment to the victim company as if it were the instant equipment from G to the point of view that it was the instant equipment.

Defendant B is a juristic person established for the purpose of gathering earth and sand in Yong-gun H, Nam-gun, and Defendant A is the representative director of the above company.

Defendant

On May 4, 2018, a limited company B filed a report on the alteration of fugitive dust generation projects with the purport that “it will implement civil engineering works on April 14, 2013 to December 31, 2020 in the Republic of Korea-U.S. Gun I and six parcels.”

2. A person who intends to conduct a business prescribed by Presidential Decree which generates dust emitted from scattering (hereinafter referred to as "fugitive dust") from Defendant A in violation of the Air Quality Conservation Act shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province branch, the Special Self-Governing Province, or the head of a Si/Gun/Gu, and shall install facilities to control fugitive dust or take other necessary measures as prescribed by Ordinance

Nevertheless, it is not possible.