A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant: (a) was a person who is engaged in interior fishing in the name of “E”; (b) was awarded a contract for the construction of the Guins Land in Busan Shipping Daegu F; (c) subcontracted the construction of the said Gusins Land, which was in excess of KRW 110 million; and (d) the victim D subcontracted the construction of the Pusins Land, which was in excess of KRW 35 million.

On March 23, 2014, at H’s office located in the Busan metropolitan traffic Daegu, the Defendant kept a promissory note causing KRW 160 million for maturity on May 30, 2014, and KRW 160,000 for face value on the condition that the said promissory note was delivered from H on the condition that the Defendant would pay KRW 35,00,000 to the victim.

On June 5, 2014, the Defendant: (a) received KRW 160 million from an account in the name of the Defendant by presenting a payment of the said Promissory Notes, and embezzled the property of the victim by means of refusing payment without justifiable grounds, even though the Defendant was required to pay KRW 35 million from the victim on the same day; and (b) embezzled the property of the victim by refusing payment without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness D, H and J;

1. The defendant and his defense counsel asserts that the defendant did not agree to distribute the amount of KRW 35 million out of the amount of the promissory note as stated in the judgment of the court below to the victim at the time that the promissory note was delivered from H.

However, according to the evidence duly adopted and examined by this court, H was present at the J, the spouse of the victim, at the time of delivering a promissory note to the Defendant around March 23, 2014, and the fact that the Defendant delivered a copy of the said promissory note to the victim after several days from the Defendant.

The following circumstances, which could be known from the above recognition, i.e., the situation at the time of delivery of a promissory note by the victim, J, and H, and the circumstances surrounding the issuance of a copy of the later promissory note.