A defendant shall be punished by imprisonment for six 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

On March 17, 2014, the Defendant entered into a lease agreement with the Defendant’s management “D” office located in Sungwon-gu, Sungwon-si and 101, with respect to metal saving machinery (SIUS-UL, 201 annual rent of KRW 1,613,137, lease amount of KRW 80,000,000, and KRW 36 months for lease period, and had the Defendant keep the said machinery in custody upon delivery.

While the Defendant kept the said machinery for the victim, on November 201, 2014, he/she embezzled the said machinery to a middle and high-ranking trader without the consent of the victim.

Summary of Evidence

Application of the law of inquiry into the details of termination and collection of the contract for the lease (lease) of the Defendant’s legal statement complaint

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

2. Article 62(1) of the Criminal Act suspended execution (i.e., the remaining debt amount of 19,450,000 won as of October 26, 2016 upon repayment of a considerable portion of damage inflicted by the defendant; (ii) the defendant deposited two million won in the course of the instant trial; and (iii) the defendant has no record of criminal punishment, etc.);

3. The community service order under Article 62-2 of the Criminal Act;