A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 20, 2016, the Defendant leased construction materials equivalent to KRW 100 million from the victim C for construction work while taking charge of the structural construction work at the new commercial site located in the Paju-si B.

On January 1, 2017, the Defendant was requested to return the said construction materials, upon completion of the structural construction in the construction site, while keeping the said construction materials for the victim.

Nevertheless, the Defendant: (a) refused the victim’s request for return of construction materials equivalent to KRW 10,617,00 among the above construction materials; (b) embezzled the said construction materials by arbitrarily transporting them to the construction site of Eunpyeong-gu Seoul. (c) The Defendant embezzled the said construction materials by arbitrarily rejecting the victim’s request for return of the construction materials, including 10,617,000 white pipes, 450 poppys, 12 poppys, 298 rop pumps, and 23 roppers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A construction contractor's terms and conditions of lending and borrowing contract, customer director and each transaction statement;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession of the defendant, the circumstances leading to the crime of this case, the degree of damage, etc.);