A defendant shall be punished by imprisonment for not less than eight 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

On March 17, 2016, the Defendant awarded orders for the removal of D Apartment Models with the Victim C Co., Ltd., and the Defendant purchased the above model voucher from the Victim to KRW 24.2 million (value of waste materials generated after the Model House Removal - Costs for the removal of the Model House). The Defendant pre-paid the performance bond for the removal work and the purchase price for the removal work, and the removal work is carried out after paying the purchase price. The ownership of the model voucher material was reserved to the Victim until the removal work is completed.

The Defendant embezzled waste materials worth KRW 90 million generated in the course of removal from the above Model House on several occasions on March 2016, notwithstanding the status of storage of materials, etc. belonging to the above Model House for the victim during the process of removal of the above Model House in accordance with the above contract.

Summary of Evidence

1. Legal testimony of witness E;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. The application of each Act or subordinate statute of a written confirmation, each sales contract, each written agreement on the storage and disposal of materials, and each written agreement on the items and quantity of materials;

1. Relevant Article 355 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: “The imprisonment between April and April, the denial of crimes, the large amount of embezzlement, the payment of KRW 17.8 million to the victim during the process of removal work; the victim’s subsequent removal work remains at the time of discontinuance of removal work; the victim’s subsequent removal cost is KRW 57 million; the sales proceeds of H beam are KRW 56 million; the victim’s sn beam amount is KRW 56 million; the victim’s sn beam sales proceeds are three times, but the criminal records have no same criminal records; and the defendant’s age have been taken into account.