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

Punishment of the crime

On March 20, 2015, the Defendant: (a) concluded a lease agreement with the victim Korean Cps Capital Co., Ltd. and seven industrial machinery, such as FPB-250, on March 20, 2015, to the effect that the victim has ownership of the leased object for the lease period; (b) concluded the lease agreement with the content that the victim has ownership of the leased object; and (c) received the said machinery from the victim during the lease period.

While the Defendant kept the said machinery for the victim at the “D’ office” office operated by the Defendant in Ansan-si, Gyeonggi-si, the Defendant embezzled the property of the victim by selling the said seven lease machinery from June 2015 to August 2015 to E with KRW 40 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation reports (Visits to the scene of damage) and investigation reports ( machine purchasing E telephone conversations);

1. - Application of the lease agreement, - Termination of the lease agreement, and the Acts and subordinate statutes to notify the return of leased articles.

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. The crime of this case on the ground of the sentencing of selective imprisonment with prison labor is deemed inevitable when considering the following: (a) only one-month lease fee is paid after leasing the machinery equivalent to KRW 224,122,572 from the victim; (b) the sale of the machinery at will through other creditors is very poor in the nature of the crime; and (c) the damage has not been restored until now, the sentence of imprisonment with prison labor against the defendant is deemed inevitable.

Accordingly, it appears that the defendant led to the confession of all crimes and reflects the depth of the crime, and the amount of profit earned from the crime is small (40 million won) compared to the lease amount remaining after the crime, and the defendant has appropriated all the amount of profit to repay the existing obligation to other creditors, and there is no record of punishment exceeding the previous and fine. In addition, the defendant's age, character, environment, and motive and circumstances are considered as favorable circumstances.