Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

In around 2005, the victim D Co., Ltd. was subcontracted to the new construction of the G Building, a commercial building located in the FF in Kimhae-si, by E Co., Ltd., and suspended the said construction due to bankruptcy, etc. while the E Co., Ltd. was performing the construction of the H-Bam (H-Bam) for underground racking and soil racking construction.

On April 2007, the Defendant purchased the above commercial building from H et al., the owner of the building, and received the above sloping beamline installed at the construction site from the owner of the building, and kept it in possession, use, etc.

On January 201, the Defendant, including the sn beamline, sold the whole commercial building to Kim & Marine Development Co., Ltd., and embezzled the sn beamline equivalent to KRW 56 million owned by the victim by selling the whole commercial building.

Summary of Evidence

1. Part of the defendant's legal statement (the fact of selling commercial buildings including the sn beam beamline);

1. Witnesses H and I's respective legal statements (Witness H: Second protocol of the trial);

1. Police suspect interrogation protocol against J;

1. Protocol of examination of witness ( Changwon District Court 201Gadan25896 witnessK);

1. A notarial deed (a witness statement in preparation of the L);

1. Application of Acts and subordinate statutes certifying contents;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act, which are confined in a workhouse.

1. The gist of the assertion is that the Defendant purchased the site including the sn beam beam from H, etc. at the time of purchase while purchasing the G building, the construction of which was suspended, or I actually renounced its ownership. Therefore, the Defendant is not charged with embezzlement.

2. Prior to the determination, the following circumstances may be acknowledged according to the evidence.

① The representative director I of the D Co., Ltd., the owner of H and E Co., Ltd., the former owner of the instant building (G building), which was under construction, and the representative director I of D Co., Ltd, the latter owner, of the instant building, purchases all the instant building.