A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On May 15, 2015, the Defendant was sentenced to eight months of imprisonment for embezzlement, etc. at the Seoul Central District Court, and was sentenced to two years of suspended execution in May 15, 2015 at the appellate court. The above judgment became final and conclusive on the 23th of the same month.

Criminal facts

On March 2014, the Defendant borrowed 20 million won from the victim B to pay the borrowed money normally after borrowing the funds from the Defendant for purchase of tin guides around March 2014, the Defendant was unable to pay the borrowed money normally.

4. Around 23.20. Around 20.20.m. transfer ownership of tiny 90 tons to the victim in lieu of repayment of the above borrowed money.

However, at the same time as the transfer, the above tiny table was kept in the warehouse located in the Gyeonggi-si (hereinafter referred to as the "Secheon-si").

While the Defendant kept 90 tons of tin guide for the victim as above, on May of the same year, he disposed of the said goods to another person without the consent or consent of the victim and embezzled the goods of the victim by using the said goods at his own discretion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement in B;

1. Payment note, certificate of transfer of goods;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (Attachment to the same type of power judgment, etc.);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition in consideration of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act and the victim of the suspended sentence; (b) the depth is completely divided; and (c) the equity with the case where a judgment becomes final and conclusive.