A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On January 10, 2013, the Defendant was sentenced to a suspended sentence of four months of imprisonment for embezzlement at the District Court for the Defendant’s District Court on April 10, 2013, and the said judgment became final and conclusive on January 18, 2013.

On March 30, 2012 and April 2, 2012, the Defendant leased building snow materials worth 24,700,000 won at the market price, including 6m pipe 100, 4m pipe 100, 200, and 200,000, under the condition that the Defendant would pay rent of 80,000 won per month at the construction site of the Seoul Gangnam-gu D Building, Seoul.

While the Defendant kept temporary materials for the victim, from August 2012 to November 2012, 2012, the Defendant embezzled them by arbitrarily selling and disposing of the said temporary materials from the Defendant’s warehouse located in Gyeonggi-do to cover the Defendant’s bank loans from the Defendant’s warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on the results of confirmation of the previous disposition and the application of Acts and subordinate statutes to the investigation report (former and previous decisions);

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the equity between cases where the judgment is to be judged simultaneously with the crime of embezzlement, taking into account the fact that the defendant is not subject to punishment against the defendant by mutual consent with the victim);

1. Social service businesses under Article 62-2 of the Criminal Act;