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

Punishment of the crime

[criminal power] On April 21, 2016, the Defendant was sentenced to eight months of imprisonment for embezzlement in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on July 15, 2016.

【Criminal Facts】

On October 28, 2013, the Defendant entered into a lease contract with the victim Hyundai Social Co., Ltd. (hereinafter “victim Co., Ltd.”) (hereinafter “victim Co., Ltd.”) and three public machinery, such as the CNC Group (LYNA-220AV), CNA4311, which is owned by the victim Co., Ltd., Ltd., and the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) at the office operated by the Defendant located in Ansan-si, Ansan-si, Seoul-si, and entered into a lease contract with the content that the victim Co., Ltd. has ownership of the leased article during the lease period, and the said machinery was delivered by the victim Co., Ltd.

While the Defendant kept the said machinery on behalf of the victim company at the above location, on August 2014, the Defendant arbitrarily received KRW 25 million from an online used machine trading website, and sold the said crime charter (NARA4311) and the melting (NSMA).

Accordingly, the defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A copy of a contract for goods;

1. An investigation report (in addition to a supplementary report by a complainant);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

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

1. Unfavorable circumstances, such as the fact that the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that treat concurrent crimes is not significant, the defendant's time and reflects his/her own crime; the victim company has cancelled its complaint because the victim company agreed smoothly with the victim company; circumstances favorable to the case where the crime of this case and the first head of the crime of this case becomes final and conclusive simultaneously, such as equity in sentencing, and other ages of the defendant.