On September 30, 2013, the Defendant: (a) concluded a lease agreement with Samsung Card Co., Ltd. and CNC high-speed air four units (hereinafter “the instant lease agreement”); (b) KRW 48 months; and (c) monthly payment lease fees of KRW 12,637,700; and (d) requested the Defendant to sell the instant lease agreement from D’s employees of the victim company and transfer KRW 80 million out of the proceeds therefrom, on May 2014.

On June 9, 2014, the Defendant sold the instant leased machines to E and received the price for KRW 168 million, but did not transfer the price to the victim company, and used KRW 80 million from that date until July 30, 2014 for loan repayment, credit card payment settlement, employee salary disbursement, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The current status of deposit of lease contracts, leases or sirens, requests for sale, and the application of statutes governing a sales contract;

1. Article 355 (1) of the Criminal Act and Article 355 of the same Act concerning the applicable criminal facts;

2. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is imposed in light of the following favorable circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] [Article 62(1) of the Criminal Act [Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) of the Act [Article 62(1) of the Criminal Act] [Article 62(1) [Article 6