On October 2013, the Defendant leased and retained one half-way machinery equivalent to KRW 50 million at the market price of KRW 50 million from the victim E in the operation D of the Defendant, Kim Yong-si, Kim Jong-do around 2013. At around that time, the Defendant provided the above half-way machinery as collateral and embezzled it by arbitrarily disposing of KRW 80 million to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a contract for lease of equipment and a certificate therefor;

1. Taking into account the relevant statutory provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing unfavorable to the disadvantage of having not been agreed despite that damage to the grounds for sentencing of imprisonment is not minor, and taking into account each such factors as the motive, means and result of the crime, the defendant’s age, environment, criminal record, family relation, and circumstances after the crime, the punishment shall be determined by taking into account the following factors:

(However, in light of the circumstances and substantial benefits of the crime of this case, it is reasonable to give the defendant an opportunity to repay the defendant, and it is not a statutory detention. It is so decided as per Disposition.