A defendant shall be punished by imprisonment for two years.

Punishment of the crime

Around May 13, 1993, the Defendant established B with the purpose of logistics and transportation as its representative director and worked as the representative director. Since September 1, 1993, the Defendant entered into a contract with C with the victim and entered into an import cargo service contract with C to perform all the customs clearance duties for the imported cargo of the victim as an agent.

Around June 29, 1994, the Defendant: (a) received from the victim an advance of KRW 73,400,000 from the victim for customs clearance expenses for E-import goods with the victim’s unique registry number on the 12th floor of the DD building in Jung-gu Seoul, Jung-gu; (b) received an advance of KRW 46,487,82 from around that time to July 31, 1994, and embezzled KRW 443,893,895 out of the said amount for the purpose of business for the victim; and (c) embezzled it by consuming it for any other purpose, not for customs clearance expenses for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each investigation report (No. 13, 14 No.);

1. A person: A detailed statement of the decision-making of the payment by BB, a copy of each contract, a copy of a deposit without passbook, a written confirmation of the balance of debts, and investigation documents;

1. Application of the Acts and subordinate statutes to the complaint;

1. Legal provisions applicable to the crime, Articles 356 and 355(1) of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 1995), the grounds for sentencing choice of imprisonment

1. Application of the sentencing criteria [Scope of recommending punishment] Type 2 (at least KRW 100,00, but less than KRW 500,00) basic area (one year to three years) (special person)

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the various sentencing factors as shown in the pleadings of the instant case, including the circumstances after the commission of the crime.

D. Disadvantageous circumstances: The Defendant received advance payments from the victimized company as customs clearance expenses, and consumed them for personal purposes, not customs clearance expenses, and criminal punishment immediately after the crime is committed.