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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
On August 19, 2013, the Defendant entered into a facility lease agreement with the victim B Co., Ltd. (Co., Ltd. prior to the change: C Co., Ltd.) for a period of 48 months to lend two “JapanFNUC high-speed air”. On the same day, the Defendant was transferred two high-speed air, and was established in the Defendant’s office located in Geumcheon-gu Seoul Metropolitan Government D Co., Ltd. (E).
As above, while the Defendant kept two high-speed air spaces for the victim, he/she received 40 million won from a high-speed dealer on his/her name in September 2016 and embezzled it.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint, - a facility leasing agreement, - a certificate of acceptance, etc. - a written estimate, - a contract for replacement of a user of a lease (facility leasing);
1. F’s statement of the police, - Application of the Acts and subordinate statutes governing redemptions;
1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;
1. Suspension of execution of sentence under Article 62(1) of the Criminal Act: The confession of reasons for sentencing, details and amount of crime, amount of damage, amount of effort to recover damage, the victim expressed his/her intent not to have the criminal defendant punished, the record of crime, circumstances after the crime, and other conditions of sentencing shall be considered, and the execution of the sentence shall be suspended (Fraud 2018 Godan188 Fraud);
1. The Defendant is a person who operates the G Co., Ltd.
On December 2, 2016, the Defendant, at the “J” office operated by the victims I of the H in Sung-si of Gyeonggi-do, the Defendant stated that “The Defendant would receive 5% interest and principal payment from K in the case of borrowing KRW 100 million from K in the case of a business partner, and pay the principal to K in the case of borrowing KRW 100 million.”
However, at the time, the Defendant paid approximately KRW 30 million to the Defendant’s debt amount of KRW 4 billion in each month, and paid approximately KRW 30 million to the Plaintiff. From around September 2016, the Defendant was operating the G in its own state, and from around September 2016, he received cash service with the Defendant’s credit card.