A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal record] On October 13, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment for embezzlement at the Incheon District Court, which became final and conclusive on October 21, 2016.

[Criminal facts] The defendant is the representative of Aluminium metal processing company, which is "C" (hereinafter "C").

1. On July 16, 2014, the Defendant concluded a lease contract with the victim’s two capitals and lease’ two capitals for the machine of the machine mining center manufactured by the E company in Seo-gu Incheon, Seo-gu, Incheon at KRW 290,400,000 on a yearly interest rate of 6.90%, and the lease period of 36 months, the Defendant had the same attitude as the Defendant newly purchased without any security on the machine of the said machine.

However, on July 11, 2014, the Defendant had already been granted a loan of KRW 200,000,000 from the Industrial Bank of Korea, and provided it as a security by concluding a collateral agreement with two of the aforementioned machine operation center machines, and the creditor as to the said machines completed the registration under the Act on Mortgage on Factories and Mining Foundation with the Industrial Bank of Korea as the creditor. As such, even if the Defendant entered into a lease agreement with the victim and received the payment of the machinery from the injured party, there was no intention or ability to transfer the said machinery to the victim’s ownership without a security right.

As above, the Defendant: (a) by deceiving the victim and making the victim take advantage of the amount of KRW 232,320,000 after deducting KRW 58,080,000 from the lease deposit under the name of the purchase price of machinery on the same day; and (b) by transferring the amount of KRW 232,320,00 to the national bank account in the name of the seller of the said machine mining machine, the seller of the said machine

2. On May 21, 2012, the Defendant entered into a lease agreement between the victim Samsung Card Co., Ltd. and the victim Samsung Card Co., Ltd. with three MM 250,000,000 (1st, DNM6502) of the two MM 410, and one another for the remaining line air-tighting (NSSM-T), and paid a deposit of KRW 50,000,000 by 48 times each month until May 25, 2016.