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 January 2015, the Defendant, at the office of “C” located in the Kimcheon-si, Mancheon-si, the Defendant proposed to “A” victim D to offer that “one string machine of melting glass in the factory, which can be punished by money for the direct operation of the machinery, and the victim received money from the injured party and embezzled the foregoing string machine of which amounting to 45 million won around June 2015, while the business related to the old string was not run properly, but around December 2016, the Defendant arbitrarily sold and embezzled the said machine owned by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Each investigation report (No. 3 and 11 No. 11);

1. A copy of a trading contract, details of banking account transactions, and a copy of an inquiry about the results of transfer;

1. Application of Acts and subordinate statutes to copies of copper machines;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the person subject to special sentencing] according to the sentencing guidelines and the mitigated elements of the punishment: The area of mitigation of the punishment [the scope of the recommended punishment], the area of mitigation of the punishment for one month to ten months;

2. The Defendant who rendered a sentence of sentence shall have inflicted considerable damage on the victim by committing the instant crime.

It is doubtful whether the defendant thought that the end-of-life machinery would work normally when receiving the machine cost from the injured party.

On the other hand, there is a history of fraud against the defendant.

The above is considered as an unfavorable circumstance.

However, it shall be considered in favor of the fact that the defendant recognizes and reflects the crime, and that the damaged person is not punished by the defendant by agreement with the victim.

The same point as above and other arguments and records of this case are shown.