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

The defendant is the representative director of H.

On September 201, 201, the Defendant kept in custody for the victim Co., Ltd., a corporation manufacturing and selling steel structures, as to the amount equivalent to KRW 100 million at the 280t market price located in the ELM-gun, which was located in the Franchi-gun of the Franchi-si.

Nevertheless, on October 17, 2011, the Defendant embezzled the victim’s company, which was in custody by the victim company, despite having received a request from the victim company for the return of the facilities, such as arbitrarily shipping the facilities and refusing to return the facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Partial statement of the witness L;

1. Examination protocol of the accused by prosecution;

1. The police statement of K;

1. Transfer or takeover contract (record 51 pages);

1. Application of statutes on details of removal without permission;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment);

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

1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] Type 2 (100 to 50 million won) (6-2 years) in the mitigation area (6-2 years), in a case where the punishment is not imposed, or major damage is recovered (decision of sentence] in a case where the degree of damage of this case and the victim did not want the punishment. It is so decided as per Disposition for the above reasons.