On August 3, 2016, the Defendant: (a) entered into a contract for facility lease (lease) with employees of the victim CPC Capital Co., Ltd by lending the Defendant’s father D’s name to “14 computers and monitors from the damaged party and paying KRW 2,590,200 monthly to the injured party for 24 months; and (b) transferred the PC to E on April 1, 2017, after having 114 computers and monitors from the injured party and monitors and kept them for the injured party; (c) around April 1, 2017, the Defendant transferred the PC in whole to E with 120,000 won including 114 computers and monitors owned by the injured party.

Accordingly, the defendant embezzled 114 computers and monitors owned by the victim who was under custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written complaint of a sniff capital company;

1. Application of Acts and subordinate statutes to a facility lease agreement, standard contract, and certificate of receipt of an article;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. The basic area (from April to January 1) of the sentencing criteria [the scope of the recommended punishment] Category 1 (the period of less than KRW 100 million) is nonexistent;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The actual amount of damage (the amount excluding the lease fee already paid out of the total amount of lease 52.9 million won) reaches approximately KRW 2700,000 on the basis of the principal, which led to the failure to agree with the victim, which led to the confession that the damage has not been recovered, and that there is no other penalty, other than the one-time minor fine, in addition to the one-time minor fine.