except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On May 30, 2013, the Defendant entered into a lease agreement to rent KRW 1,503,00 per month rent for 36 months from May 30, 2013 to May 29, 2016, and received the delivery of the said machines on the same day.

While the Defendant had kept the said machinery for the victim during the lease period on July 12, 2014, the Defendant arbitrarily sold the said machinery after receiving KRW 35 million from the French seller in Incheon.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Statement prepared by C;

1. Application of Acts and subordinate statutes to a complaint, a copy of a siren lease contract, or a copy of a protocol not to dispose of corporeal movables;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Determination of types] Embezzlement and breach of trust: Type 1 (less than KRW 100 million) (Determination of the recommended field] basic area, period of four months to one year and four months;

2. Determination of sentence: 4 months of imprisonment with prison labor and 2 years of suspended sentence are when the defendant arbitrarily sold the machinery and embezzled it, but the damage recovery has not yet been completed.

However, the fact that the defendant's mistake is recognized, the company's operation is difficult, and the rent has been paid continuously for 10 months after the machinery sale, the lease contract deposit and the rent has been paid in consideration of the fact that the defendant made considerable compensation, the defendant's endeavor to pay the damage together with his wife who is the title holder of the lease contract, and the defendant included his obligation to the victim in the repayment plan of his rehabilitation plan, and the defendant makes a single installment.