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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 14, 2013, the Defendant entered into a contract with Seongdong-gu Seoul Metropolitan Government and 202 to pay the lease fees of KRW 2,126,800 per month during the lease period from May 14, 2013 to May 14, 2016.

While the Defendant used and stored the said leased object for the victim, the Defendant embezzled the said leased object in a way that he/she would be awarded a successful bid to E on July 16, 2014, by notifying the victim of the fact, or by paying rent in arrears and allowing the commencement of auction without taking measures, such as cancelling the seizure.

Summary of Evidence

1. The defendant's legal statement (the sixth public trial date);

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

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a lease agreement, a list of seizure of movable property, or a list of seizure of movable property at auction (number 2, 3, 10 of each evidence list);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for one month to ten months (less than 100 million won)

2. The Defendant, by committing the instant crime, committed a loss of KRW 50 million against the victim, and did not fully recover and agree on the damage.

This is disadvantageous to the defendant.

On the other hand, the defendant's intention of embezzlement seems to be dolusent, and the above lease article.