Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On April 9, 2009, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court on July 6, 2009, and completed the execution of the sentence in the Changwon Prison on July 6, 2009.

Around December 15, 2011, the Defendant entered into a lease agreement with the victim Korean sirens Co., Ltd. on the 39th and monitoring 39 computers, which are owned by the victim, and used and retained the said computer main body and monitors, and embezzled the said goods by receiving KRW 9.3 million from the “C” bank operated by the Defendant in Kimhae-si B on a non-computer, and selling them at will.

Summary of Evidence

1. Statement made by the defendant in the first trial record;

1. Statement made to D by the police;

1. A copy of the rental contract and the registration certificate for the Internet computer game facilities; and

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing of Article 23(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (the scope of Defendant’s liability to compensate against the applicant for compensation is unclear and thus it is inappropriate to order compensation) is to determine a punishment in consideration of the circumstances favorable to the Defendant, such as the following: (a) the Defendant was sentenced by the Changwon District Court for eight months on April 9, 2009 by fraud, etc. and completed the execution of the sentence in the Changwon Prison on July 6, 2009 and prevented the Defendant from committing the instant crime during the period of repeated offense; (b) the Defendant’s mistake is recognized and against himself; (c) the sum of unpaid rental fee is excessive to KRW 7,919,600; (d) the amount of unpaid rental fee is not excessive to KRW 7,9

It is so decided as per Disposition for the above reasons.