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

On June 1, 2011, the Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd. and the victim’s market value at the “C company” office operated by the Defendant located in Gwangju Mine-gu, Gwangju, with the content that the Defendant shall not transfer leased goods without the lessee’s prior consent, and received one of the above machines on the same day.

On April 9, 2013, while the Defendant kept the said machinery for the victim, the Defendant arbitrarily sold the said machinery at the “C Company” office located in the Gwangju Mine-gu, Gwangju, for KRW 137,500,000,000.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A facility lease contract, a certificate of receipt of goods, written estimate, or a statement of financial lease agreement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Criminal Act provides that when deducting lease deposit and rent paid by the defendant in the mitigated area (6 to 500 million won) (6 to 2 years), the actual amount of damage incurred by the crime of this case is equivalent to 38 million won, the defendant deposited 5 million won after the closing of argument for the recovery of damage, the defendant has no criminal record in addition to one fine due to this type of crime, and all other circumstances, such as the age, character and conduct, environment, family relationship, etc. of the defendant.

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