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

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to a suspended sentence of ten months on the grounds of evasion of compulsory execution in the Daejeon District Court's Incheon District Court's Support for the crime of evasion of compulsory execution. The judgment became final and conclusive on the 20th of the same month.

At around December 14, 2009, the Defendant received KRW 50 million from the victim H to request for purchase of ten million from the G of the Defendant’s operation, and purchased ten million from the victim on or around the 22th of the same month after receiving a total of KRW 100 million from the victim, and stored for the victim in the said G warehouse. From March 2010 to June 2010, the Defendant arbitrarily sold and embezzled the above ten million amount of KRW 100 million to the customer, such as I, etc., located in Ansan City, from March 2010 to June 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Part concerning the defendant's statement of H in the prosecution examination protocol

1. Statement of the police statement to J;

1. Copies of the results of immediate transfer by users;

1. Copy of the certificate of storage of goods;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of judgment on related cases);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act that treat concurrent crimes [decision of types] 100 million won or more [decision of the recommended field] 100 million won or less 500 million won [the scope of recommendation] - year or 3 years [where a person is not an occupational embezzlement or breach of trust, serious reflectiveness - where a person is not an occupational embezzlement or breach of trust - where a person is an aggravated element: In the case of a crime of embezzlement [the scope of punishment] applicable provisions of applicable Acts]: 1 to 5 years under Article 355(1) of the Criminal Act: (1) of the Act : (2) year: (3) year: Major reasons for suspension of execution - Part of the general participation [decision of punishment] - Decision of recovery from damage [decision of punishment] - The relationship between criminal records and latter concurrent crimes under Article 37 of the Criminal Act with the defendant, and other factors such