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

Punishment of the crime

Around May 201, the Defendant was delegated by the “C Company” operated by the Victim B, and the C Company was engaged in the field management of the access road to Chungcheongnam E, which was subcontracted from D and performed by C Company, as the site manager of the access road to Chungcheongnam.

On the end of December, 2011, the Defendant, as a result of a lawsuit filed by D, a subordinate company on the ground that there was a problem in the construction process, and the construction was suspended, had the Defendant keep in its business articles equivalent to KRW 70,00,00,00 in the market price, such as the oil pump, presses, and wood joints, which are construction materials delivered from the victim

Nevertheless, the Defendant disposed of the said construction materials that the Defendant kept at the construction site of the access road located in F at the end of Seosan-si and embezzled them as construction materials at the construction site of another construction site in the south-gu G in YY-gu, YY-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each request;

1. Application of Acts and subordinate statutes to a criminal investigation report (this case’s embezzlement and any specific review report related thereto);

1. The grounds for sentencing of imprisonment with labor are as follows: (a) Articles 356 and 355(1) of the Criminal Act applicable to criminal facts; (b) the fact that the construction materials embezzled by the defendant are not recovered in the name equivalent to KRW 70 million; (c) the defendant’s mistake is divided; (d) there is only the criminal record of a fine; (e) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (e) relationship with the victim; and (e) the circumstances after the crime were committed, etc., the sentencing guidelines should be taken into account; (e) embezzlement and breach of trust within the scope of sentencing guidelines; (f) type 1 (less than KRW 100 million); (f) basic area; (f) imprisonment with labor for the purpose of recovering damage; and (f) a punishment shall be determined as ordered by the order of April - 4.