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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant is a person who operated D Co., Ltd., a corporation selling metal products in the original city.

On October 10, 2012, the Defendant entered into a contract of transfer transfer between the victim and the victim to secure the credit payment liability after continuously being supplied with the stetra lease product from the victim E in the future. In order to secure the credit payment liability, the Defendant entered into a contract of transfer transfer between the victim and the victim by providing “the entire stetra lease products kept in D except for those supplied by the Defendant from the victim and disposed of according to ordinary business performance” as the object of transfer.

Therefore, the Defendant had a duty to faithfully keep and manage the ice lease policy that is supplied and kept by the victim so that the victim can achieve the purpose of the above transfer security.

Nevertheless, on June 17, 2013, the Defendant violated the foregoing duties and transferred the amount equivalent to KRW 230,134,589, which was supplied by the Defendant in the above D warehouse, to other creditors F for debt repayment.

As a result, the defendant acquired the above 230,134,589 pecuniary benefits, and suffered the victim's pecuniary damage equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol against the defendant (the second police officer's interrogation protocol and the second police officer's statement);

1. Application of each police protocol of statement to E;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Embezzlement and breach of trust, and Type 2 (not less than KRW 100 million, but less than KRW 500 million);

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) General person: Reduction factors (in cases of non-occupational breach of trust);

(d)the range of recommendations: the mitigation area, six months;