A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On March 26, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a crime of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the vice branch of the Incheon District Court. The judgment became final and conclusive on April 3, 2014.

【Criminal Facts】

The defendant was a person who was engaged in construction business under the trade name of "D" in Nam-gu Incheon Metropolitan City C 1002, and the victim E is a person who runs a survey machinery rental business under the trade name of "G from Guro-gu Seoul Metropolitan Government F.

On January 29, 2013, the Defendant: (a) leased KRW 1,500,000,000 from the victim E operating a survey machine leasing business at H in the site of the road works located in Kimpo-si, Kimpo-si to KRW 20,00,000 per month; (b) paid the rent of KRW 3 million,00,000 per month; and (c) was kept for the victim, the Defendant was unable to pay the agreed rent from March 2013 to the victim.

Since from May 2013, the Defendant terminated the lease contract because the Defendant did not pay rent to the victim, the Defendant, despite having received a request to immediately return the above machinery, but thereafter, embezzled by providing it to other creditors as security and refusing to return it.

Summary of Evidence

1. Statement of the police statement regarding E;

1. Entry in the copy of lease contract; and

1. Statement of investigation report (I company J phone statement);

1. Previous convictions: Criminal records, investigation reports (verification of facts under trial of a suspect), court rulings, and application of each Act and subordinate statutes stated in one copy of the summary agreement of a case;

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

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, which prevents a long-term contact with the defendant without responding to the victim's request for return, and whose damage has not been recovered: Provided, That the criminal law, such as the fact that the previous conviction and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the attitude of the defendant in the trial procedure, is committed.