A defendant shall be punished by imprisonment for not less than eight months.

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

On January 14, 2019, the Defendant opened a PC room in the name of “CPC room” in Daegu-gu, Daegu-gu, and purchased 83 computers and monitoring 83 units (hereinafter “the instant computer, etc.”) between the victim D Co., Ltd. for 67,769,200 won. The Defendant paid the amount to KRW 2,969,985 each month in 24 months, and paid the amount to KRW 2,969,985 each month. The Defendant entered into a sales contract with the victim to withhold the ownership of the said computer and monitor until the payment is fully paid. On the same day, the Defendant received the said computer and monitor from the victim on the same day.

After that, on December 2019, the Defendant sold the instant computer, etc. to three computer distributors in a total amount of KRW 23,000,000, while the Defendant did not pay KRW 41,764,590 out of the installment amount for the said victim company, on the ground that the management of the instant computer, etc. was difficult while keeping the said computer, etc. for the said victim company.

Summary of Evidence

1. Application of the police's statement protocol supply contract, certificate of acceptance of goods, and written consent to the defendant's legal statement E;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant entered into a sales contract with the victimized company for the reservation of ownership with the victimized company and sells the subject matter, the amount of damage is a large amount, and the Defendant was not agreed with the victimized company.

However, the defendant's attitude to recognize and reflect the mistake is relatively long, and there is no history of criminal punishment except for the previous fine and two times, the defendant deposited KRW 10 million for the damaged company after the conclusion of pleadings, taking into account the degree of the defendant's awareness of the non-trade in the reservation of ownership and the circumstances of the sale thereof, and the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.