However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

On September 25, 2013, the Defendant entered into a lease agreement on the condition that the Defendant would pay 1,187,740 won per month and take delivery for 36 months each of 1,198,000 won for 199,000 won for 1,187,740. On September 26, 2013, the Defendant was handed over the said cut agreement to B factory in a dispute resolution agreement, which he operated.

Meanwhile, on May 28, 2014, the injured party DNA Capital Co., Ltd. (hereinafter “victim Co., Ltd”) entered into a lease agreement with the above two Busan Capital Co., Ltd. and acquired the ownership of the above cutting machine. Around June 16, 2014, such fact was notified to the Defendant.

Accordingly, while the defendant kept the above cutting machine for the victim company, on July 30, 2014, the defendant received KRW 283 billion from the large-scale development company, and sold all machinery, including the above cutting machine, which had been in the company B factory.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. A lease contract, written estimate, transfer contract, bond statement, confirmation statement, all of the matters to be registered, payment statement, mechanical scrap metal transaction contract, or notification of transfer of a lease contract;

1. Case summary, content certificate, and detailed statement of payment of DGB Capital, etc.;

1. The details of transactions in the bank account transaction in the name of the bank holding company B;

1. Application of Acts and subordinate statutes to each investigation report (to attach a notification of transfer of lease to the victim company, such as suspect telephone conversations, D telephone conversations, complainant's agent C telephone hearing report, and notification of transfer of lease to the victim company

1. Article 355 (1) of the Criminal Act applicable to the crime (the point of embezzlement and the choice of imprisonment);

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

1. The scope of the recommended sentence according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment ] The basic area (from April to one year and four months) of the crime of embezzlement (the amount of less than 100 million won) is nonexistent;

2. Determination of sentence: The economic loss suffered by the victim due to the instant crime shall be 43 million won.