Defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The Defendant and B were those who are engaged in the sales of the iron bars, and were asked from the victim C who was known to the general meeting around December 29, 201 to the spring of 2012 to keep the said iron bars in the warehouse located in Jung-gu Incheon Metropolitan City. At that time, the Defendant and B sold the said iron bars after deducting the victim from the fact that the said steel bars were not known that the said steel bars were the part of the victim, and the Defendant and B sold the said iron bars to use them divided by half of the Defendant and B.

Accordingly, around January 18, 2012, the Defendant and B conspired to sell the iron bars (10m) equivalent to KRW 23,765,896 of the market price of KRW 26.348 tons and the market price of KRW 23,207,184 of the iron bars (19m) 26.208 of the market price of KRW 23,207,184 at Gyeonggi-si, and used the proceeds from sale for the purpose of repaying the accounts payable to their customers at around that time. From January 18, 2012 to March 29, 2012, the Defendant and B embezzled the proceeds from sale at will at least five times in total as indicated in the list of crimes in attached Form 215,287,96 won and embezzled the proceeds from sale at will at the price of the said five times from January 18, 2012 to March 29, 2012.

Summary of Evidence

1. Partial statements made in B in the seventh public trial records;

1. Statement of the witness C and F in the second public trial record;

1. A protocol concerning the examination of the suspect of the defendant, B, or F by the prosecution;

1. A protocol concerning the interrogation of the suspect against the defendant or B;

1. Application of Acts and subordinate statutes governing the overall control of keeping of the broken-out steel bars, each steel bars receipt certificate, shipment certificate, shipment certificate by date, business registration certificate, all of the registered matters, and the verification certificate for the upper verification;

1. Relevant Article 355 of the Criminal Act concerning the crime, Articles 355 (1) and 30 of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] type 2 (not less than 100 million won but less than 500 million won) and the basic area (one to three years) (a person who is subject to special sentencing].