beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 28, 2013, the Defendant entered into a lease agreement with the Defendant’s non-Nenc Capital Co., Ltd. and the machine learning center at the C Office located in Ansan-si, Ansan-si, around October 28, 2013 to the effect that the Defendant has ownership of the leased object, and received the said machinery from the injured party.
While the Defendant kept the said machinery at the above location for the victim, around July 28, 2014, the Defendant embezzled the victim’s property by selling D the said machinery amounting to KRW 143 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against E;
1. Application of each statute to each of the following items: A complaint, a siren contract, the details of the amount terminated in full, the report on inspection of leased articles, and the details of account transactions;
1. Under the relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, and Article 2-type (10 million won or less to 500 million won) of the basic area (one to three years) of the punishment recommended for the reasons for sentencing of imprisonment, the Defendant could not pay the rent for the machinery as stated in the judgment in the following circumstances: (a) although the Defendant returned the machinery to the damaged company, it shall be disposed of on the other hand and used the disposal proceeds, the Defendant shall be sentenced to a punishment in consideration of the fact that the damage was not recovered even if the damage was a maximum amount.
In determining the term of punishment, considering all the circumstances, such as the fact that the defendant shows an attitude against the crime of this case, there is no criminal history against the defendant, and that it appears to be not a malicious crime, and that it was caused to this case due to the managerial difficulties of the company managed by the defendant, the term of punishment like the order shall be determined.