A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The defendant is the actual operator of B Co., Ltd. which conducts mining business, and the victim C is a lessor of equipment, such as crushed stone.

Around April 1, 2014, the Defendant entered into a contract with the victim to lease the “Offset stone”, which is an equipment combining the victim’s “sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin sin

On March 15, 2016, the Defendant decided to terminate the above lease contract with the victim of the above company office around March 15, 2016. Before the victim seeks the next lessee, the Defendant stored the above offset stone in the site leased by the above company for the victim, and then the victim later transferred the above offset stone to the public health clinic located in the front line of the above lease contract.

그런데도 피고인은 위와 같이 위 쇄석기를 보관하던 중, 2018. 12.경 피해자에게 동의를 구하지 않은 채 고철업자인 E에게 위 쇄석기 구성품 중 시가 약 6,000만 원에서 1억 원 상당의 ‘콘베어(모터포함) 프레임, 세컨죠 2개, 임팩트 크렉샤, 전기 판넬, 배전판, 전선, 기타 공구 등’ 고철물을 임의로 건네주는 등 처분하고 그로부터 670만 원을 받았다.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. [In the application of Acts and subordinate statutes, such as investigation reports (in the form of a mid-term lease contract and photographs of the scene of damage submitted by the injured party), mid-term lease contract, photofluor photo], investigation reports (in the form of a photograph submitted by the injured party), investigation reports (in the form of a statement made by the injured party for estimate of damage), investigation reports (in the form of a deposit account transaction)

1. The corresponding provisions of the Criminal Act concerning criminal facts; and