A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The defendant is a real operator of corporation B.

From November 20, 2017 to September 7, 2018, the Defendant received the full amount of the construction cost by receiving KRW 35,909,970 as the remaining progress payment on October 17, 2018, from the victim D Co., Ltd. after completing the construction by receiving a contract for the tecota project equivalent to KRW 248,00,000,000 from the victim D Co., Ltd. for a third day of outer walls.

Nevertheless, around October 30, 2018, the Defendant received additional remittance of KRW 35,909,970 from the corporate bank account (F) in the name of B due to the mistake of employees of the victim company in the B office in the former Si-S. Around October 30, 2018, and stored for the victim, the Defendant refused to return the said money, despite having received the request from the victim company on November 27, 2018, and embezzled the said money at will thereafter.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Complaints, all certificates of registered matters Category B, all certificates of registered matters of D Co., Ltd., materials supply contracts, re-supply and alteration contracts, electronic tax invoices, transfer certificates, funds transfer records, meeting of I Bank transfer records, contents certification, details certification, account transfer records, and the application of photographic Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Reduction elements of embezzlement and breach of trust [type 1] below the amount of 100 million won (special multiple persons] below the amount of reduction factors according to the sentencing guidelines: Reduction area of mitigation area [the scope of recommendation area and recommendation range], imprisonment with labor for one month or ten months;

3. The decision-making defendant acknowledges all of the crimes.

It is also a reason to consider that the above embezzled money is the money that the victim paid to the defendant as a fruit.

However, the defendant is returned.