A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 35,00,000 won to an applicant for compensation.

3.2

Criminal facts

On November 5, 2010, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Suwon District Court on November 5, 2010, and the said judgment became final and conclusive on November 13, 2010.

1. On June 2009, the Defendant: (a) was a person who leases and sells construction materials; (b) leased the sum of the sum of KRW 58 million, including the sum of KRW 6m 1,900, pipe 4m 800, pipe 4m 800, pipe 6m 5m 58m 5m 58m 58m 500; and the sum of KRW 58m 58m 500,000 for the return period, and the rent of KRW 2 million.

The Defendant, while keeping the above construction materials on behalf of the victim, did not return them to the victim with the lapse of the return period, and embezzled the total amount of KRW 58 million by arbitrarily selling and lending construction materials to use them as office operation expenses, etc. around that time.

2. The Defendant was entrusted with the sale of construction materials from the victim C from April 2010 to October 9, 201, at the temporary seacom located in Ansan-si, Masan-si, Masan-si, Masan-si, Masan-si.

On October 2010, the Defendant embezzled the total amount of KRW 32 million by arbitrarily consuming construction materials for personal purposes, such as separate contracts for fraud, while keeping the sales proceeds of construction materials for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Each complaint;

1. Copy of a contract for temporary materials lease; and

1. A copy of a letter of payment for goods;

1. Investigation report (number of damage amount and No. 7 No. 1 of the evidence list);

1. Previous convictions in judgment: Application of a copy of written judgment and criminal records investigation protocol;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 25 (2) and (1), and Article 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;