A defendant shall be punished by imprisonment for six 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 September 20, 2012, the Defendant entered into a contract with D to purchase KRW 31,00,000 with the Defendant’s office located in Gangseo-gu Busan, Busan, for the purchase price of KRW 30,00,00,000. On February 25, 2013, the Defendant entered into a lease financial contract with E with the damaged party upon receiving the said machinery from the said C office, and concluded the lease agreement with E and concluded with the damaged party, to lease KRW 21,70,000 for the principal of the lease, but the Defendant intended to withhold ownership with the victim until the lease fee was fully paid.

Around June 30, 2014, the Defendant had kept the said machinery for the victim without full payment of the rent for the said machinery. On June 30, 2014, the Defendant sold the said machinery at his own discretion and embezzled it by selling the purchase price of KRW 10 million to the Han-il, Inc., Ltd., a corporation located at 45, aro-gu, Busan, Suwon Industrial Complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each contract for the supply of machinery, written estimates, electronic tax contracts, each transaction statement, customer head, customer head, balance certificate, field and mechanical photography, copy of the details of account transactions, notification of general lease modification contract, and copy of the lease contract;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the violation of crimes, and the absence of any record of criminal punishment exceeding the fine) [the scope of recommended punishment] of the basic area (from April to January 1) (the scope of recommended punishment is less than 100 million won) [the decision of sentencing] of the main area (the person subject to special sentencing] of Article 62(1) (i.e., imprisonment for six months and the suspension of execution for two years;