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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on the 26th of May of 2016 to imprisonment with prison labor for 10 months for fraud in the credit support of Suwon Friwon, which became final and conclusive on the 26th of the same month.

[Criminal facts] The Defendant is a person who operated a modern construction equipment D agency in the wife population C in Gyeonggi-do.

From March 1, 2004 to November 30, 2013, the Defendant entered into a consignment sale contract with the victim Hyundai Heavy Industries Co., Ltd. and was entrusted with the business of selling construction machinery and selling proceeds from the damaged construction machinery to the customer, and was engaged in the business of paying to the victim immediately after receiving the payment that is paid by the customer of the purchase of construction machinery.

Around August 31, 2012, the Defendant sold R140W, which is a construction machinery owned by the victim, to E, and received KRW 80 million from the said E and kept in custody for the victim. Around that time, the Defendant used the aforementioned amount of KRW 30,305,406, out of the aforementioned amount of KRW 80 million in the vicinity of the said D agency’s KRW 30,305,000, out of the total amount of KRW 80,000, as an operating fund of the agency’s employees, such as the agency’s wages and expenses for the maintenance of vehicles, office rents, food expenses, etc. from that time until April 25, 2013, the Defendant sold construction machinery owned by the victim over 11 times in total as indicated in the list of crimes in the attached Table, received the payment, and embezzled it by using the amount of KRW 163,840,212 among them as funds for the operation of the Defendant’s agency.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Investigation reports (Attachment of details of financial transactions);

1. Agency contracts, written confirmations, fact-finding certificates, the current status, etc. of amounts receivable by branch office;

1. Previous convictions: Application of inquiry, inquiry reports (related to attachment of separate judgments) and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the selection of criminal facts;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: