A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Justice] On April 24, 2015, the Defendant was sentenced to a suspended sentence of two years on October 2015, with prison labor for fraud in the branch court of Suwon District Court, and the said judgment became final and conclusive on May 2, 2015.

【Criminal Facts】

The Defendant is the representative of D who operates the electric cable manufacturing plant in E, Kimpo-si, and E is the representative of G Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) who produces the gatherings necessary for the manufacture of electric wires in Kimpo-si F.

On June 4, 2010, the Defendant, at the above D office, supplied a set of collective equipment necessary for the processing of electric wires from the victim company E, and received three collective equipment equivalent to KRW 158,00,000 at the market price from the victim company on the condition that ownership is transferred in full. On the same condition, on July 2010, the Defendant supplied five collective equipment equivalent to KRW 192,50,000 at the market price from the victim company and kept them for the victim company.

However, the Defendant borrowed KRW 200 million from H around May 18, 201 and embezzled 8 of the aggregate period by offering it as security for transfer to H, even though the Defendant did not pay the above installment amount in full to the victim company.

Accordingly, the Defendant embezzled the amount of KRW 200 million from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. The police suspect interrogation protocol of H;

1. Statement to E by the police;

1. A specification of transactions;

1. Each contract;

1. A notarial deed or a written contract for facility lease;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (adjudication of a suspect's separate judgment);

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

1. The defendant and his/her defense counsel, guilty of the latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Act and the judgment of sentencing, did not have any special agreement for reservation of ownership in a sales contract for five aggregate periods. The three aggregate periods are from April 15, 201 to April 11, 201.