Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around July 23, 2014, the Defendant entered into a contract for facility lease (lease) with one victim capital Co., Ltd. and for 36 months from April 23, 2014 to April 23, 2017 on the condition that user fees of KRW 4,208,000 per month shall be paid at the E office operated by the Defendant on the third floor of “D Sports Center” located in C, and leased five of the screen golf type equipment (a model name: Glofzon-VS) and used for business under the same condition as of August 18, 2014.

While the Defendant kept the screen golf equipment leased from the victim as above for the victim, on January 28, 2015, the Defendant sold all the rights and facilities to the said screen golf practice site in KRW 1.6 billion to the F, and on February 2015, the said golf equipment was arbitrarily supplied to the F.

As a result, the Defendant embezzled the victim’s property amounting to KRW 175,501,734.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police with H;

1. 각 시설 대여( 리스) 계약서, 각 견적서, 리스계약 확인서, 전자 세금 계산서, 각 리스 물건 점검보고서, 세금 계산서, 각 채권 잔액 조회, 각 스케쥴 대비 입금 현황, 화해 권고 결정, 회수활동 내역, 채권 잔액 조회서 등

1. Application of Acts and subordinate statutes to investigation reports (the telephone conversations with the G Deputy Director), recording books, and investigation reports (Submission of recording notes from reference persons);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is deemed to have been transferred along with leaseds owned by the victim without taking regular procedures in the course of business transfer by the defendant, and the nature of the crime is not less complicated.

However, the defendant recognized the crime of this case and made his mistake.