A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. The Defendant: (a) was a person operating D who processes precision parts in C in the period of industrialization; (b) was holding a covering machine (E manufacture, product name NSSM-T), line (F manufacture, product name NCR5010) in the foregoing D.

On June 20, 2013, G with the delegation of the execution by the creditor Capital Co., Ltd., the execution officer of Suwon District Court attached a provisional injunction against the possession of corporeal movables, such as the aforementioned sprinkler machinery, on the basis of the original copy of the provisional disposition of corporeal movables in the above court No. 2013Ga609, June 20, 2013.

However, on January 2014, the suspect removed without permission a provisional disposition mark attached to the above goods.

Accordingly, the defendant damaged the provisional disposition indication that the public official performed in relation to his duties.

2. On April 3, 2012, the Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd. and the Defendant on a monthly rent of KRW 805,238, and the lease period of KRW 48 months on the cover of KRW 39 million (E production, product name NSSM-T) and the Defendant received the said two points in the said D.

While the Defendant kept and used the machinery, etc. for the victim company, around January 2014, the Defendant sold the said machinery 20 million won to H of used machinery merchants in the above D.

Accordingly, the defendant embezzled 2 points of machinery, which is the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes governing a contract for facility leasing, the possession, transfer and provisional disposition of corporeal movables;

1. Relevant Article 140(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 140(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., performance of a considerable portion of the amount of the defendant's reflective and embezzlement damage);

1. Social service order under Article 62-2 of the Criminal Act;