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

Punishment of the crime

On September 29, 2017, the Defendant received progress payment from D Co., Ltd. with respect to the part on the ship's contact executed by the victim F and the victim G from D, and agreed to distribute it to the victims, while working as the site manager of D Co., Ltd., a subordinate company in C Co., Ltd. located in D Co., Ltd. and as the E representative director.

On October 20, 2017, according to the above agreement, the Defendant: (a) transferred the sum of KRW 51,691,211 for progress payment on September 2017 to the victim F and KRW 88,863,802 for the victims to the HA bank account (I) in the name of the Defendant, the Defendant managed, and (b) embezzled the victims’ property from around October 23, 2017 by arbitrarily withdrawing the money from D to October 23, 2017 to consuming the amount of KRW 57,172,591 for progress payment on September 20, 2017; and (c) embezzled the victims’ property for personal use, such as the Defendant’s debt repayment and living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of the Acts and subordinate statutes concerning details of transactions and agreements;

1. Article 355 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account various sentencing conditions specified in the records and arguments of this case, including the criminal records of the defendant, the nature of each of the crimes in this case, the degree of damage to the victims, whether to recover damage therefrom, the intention of the victims to punish them, the reflectivity of the defendant, family relations, etc.

It is so decided as per Disposition for the above reasons.