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A defendant shall be punished by imprisonment for seven months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, with the trade name of B, is a person who builds and sells freezing, and the victim C, together with the victim D, engaged in the business of importing and selling frozen scrap oil in China, and the Defendant entered into a consignment agreement with the victim C and D to build a freezing market imported from China between the victim C and D and to pay the remainder of sales proceeds excluding expenses, etc. among them to the victims.
1. Around November 4, 2009, the Defendant supplied 2,00 foot 2,00 foot clocks from the victim C and D and embezzled the 59,05,000 won (9,525km x 6,200 won/km) produced after building the 20k foot clocks, and sold them to the said victims at KRW 59,05,00,00 (9,525km x 6,200/km) and received the price and then embezzled only KRW 53,032,098, which was the sum of the customs clearance expenses, transportation expenses, building expenses, and sales proceeds to the victim C and D while keeping the said victims for the said victims, and even if the remaining 6,022,902, out of the sales proceeds, were not paid, the Defendant refused to return them, claiming that the settlement was completed.
2. Around February 2, 2010, the Defendant supplied 3,957 foot 16,725kms from the victims and embezzled them by denying the return of KRW 100,350,00 (16,725km x 6,000/km) that was produced after construction, and received the payment and then paying only KRW 92,574,491, which was the total amount of customs clearance expenses, transportation expenses, building expenses, and sales proceeds for victims and C and D while being kept for the victims, and then embezzled them by refusing to return the remainder of KRW 7,775,509, even if the settlement was completed even if the payment was not made.
3. On March 23, 2010, the Defendant supplied 3,930 foot 20kms from the victims and sold them to KRW 92,690,00 (14,950g x 6,200/km) produced after building them, and received the payment and kept for the said victims, against customs clearance expenses, transportation expenses, building expenses, and victim C and D.