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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 15, 2013, the Defendant: (a) entered into a lease contract with the victim’s three machinery units (one hundred million won, monthly rent of KRW 2,332,977) at the office of the Busan-gu New KK Capital Co., Ltd. (hereinafter “B”); and (b) placed the Defendant on behalf of the victim at the “B” plant in which the Defendant actually operated, the Defendant sold the daily press book at the “B” plant located in the Busan-gu Busan-gu, Busan-gu, and sold the machinery at nine million won to the seller broker; (c) around January 21, 2016, the Defendant sold the machinery in the “B” plant located in the same Gu E to G 1320,000 won.
Accordingly, the Defendant embezzled the property owned by the victim.
2. On September 8, 2015, the Defendant: (a) at the “B” factory located in the Busan Seo-gu Busan District Court C, the execution officer of the Busan District Court delegated the execution of the creditor BNK Capital Capital Co., Ltd.; and (b) notified that the said court’s enforcement officer would take a provisional disposition based on the original disposal decision; (c) but (d) the said court’s 2015 KNK’s 6288 KNF Co., Ltd.’s disposal decision; and (d) the Defendant had the effect of selling at his own discretion two parts of the NC PP machines
Summary of Evidence
1. Statement by the defendant in court;
1. Complaint;
1. A lease agreement, a lease equipment photograph, or an alteration agreement of the lease;
1. Investigative report (the Busan District Court No. 2015No. 663 and the filing report of the disposal records at the same time as the fluids); and
1. An investigation report (a report on the confirmation of the execution date of the disposition protocol by a suspect A, a relative to the relevant suspect, or a fluid acid);
1. Application of investigation reports (2015 Canada, 6288, 6288, 2015, 6288, 200, and 300,000,000
1. Relevant Article 355 of the Criminal Act and Articles 355 (1) and 140 (1) of the Criminal Act concerning the selection of criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Each of the crimes of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was leased to the victim as above.