A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 11, 2013, the Defendant purchased 60 million won, deposit 12 million won, lease period of 48 months, lease interest rate of 6% per annum, and monthly payment of 1,187,282 won. The Defendant concluded a lease contract with the victim E Co., Ltd. by purchasing 1 of the machine mining center (MTV-414) which is a mid- and mid-term public works machine from D trade in Gangseo-gu, Busan.

While the Defendant kept one of the aforementioned machine learning center for the victim, on May 2015, the Defendant arbitrarily sold the factory transfer funds to companies located in Yangsan City and received KRW 10 million.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the lease of facilities, contracts for the lease of facilities, and receipt of goods to persons who have filed a complaint;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been embezzled by arbitrarily disposing of the leased machinery from the victim company as above, and the quality of such crime is not somewhat weak.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime are considered to be considered and the sentence like the order shall be determined.