Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The Defendant is a person who has operated the “C” on the first floor of Songpa-gu Seoul Metropolitan Government B.

On October 11, 2018, the Defendant entered into a contract with the victim D Co., Ltd. to lend money of KRW 50 million for the equipment such as computers and equipment to be used in the above PC room and lease KRW 1,790,400 per month for the next 36 months.

The Defendant discontinued the “C” around October 2019 while keeping the above equipment for the said victim, and transferred or disposed of the PC and other articles such as the PC owned by the victim to another PC.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement F in relation to the defendant's legal statement E;

1. Application of the Act and subordinate statutes to a facility lease agreement and a written estimate of goods (to make a report on the investigation into H telephone communications in charge ofG);

1. Article 355 (1) of the Criminal Act and Article 355 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the provisional payment order is to obtain loans in excess of 50 million won from the Defendant as collateral, and the injured party is a loan contract in the form of lease as if the Plaintiff purchased the above goods from the Dispute Settlement Bank Co., Ltd. and leases the above goods to the Defendant. The substance of the above lease contract is to pay the above loan principle in 1,790,400 won each month between 36 months and 36 months. The Defendant paid the rent by March 202, there is no objective data on the value of the goods at the time of removal and destruction of the leased goods (the Defendant stated to the extent of 15 million won), and there is no other objective data on the value of the goods at the time of removal and destruction (the Defendant stated to the extent of 15 million won). The punishment shall be determined together by taking into account various circumstances in the oral proceedings and records, including the Defendant’s age, character, environment, motive and circumstance of crime.