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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 15, 2015, the Defendant entered into a lease agreement (48 months, monthly lease fee of KRW 10,014,259) with employees in charge of victim B (ju) and three presses (HS-400, Seoul SSC-250, SC2-50, SC2-500), NC 2 (A&P LF-1200, forest machinery YNF-80M) with NC 2 (YNF-80).

While the Defendant kept the above machinery for the victim company, on November 2017, the Defendant sold 25 million won presses (HS-400, Seoul SSC-2500) to the seller of used machinery from the trade name, and around November 2017, sold 1 presses 55 million won presses (c2-500), and around December 13, 2017, sold 54 million won in total to the seller of used machinery from the trade name.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of a facility lease agreement, a statement of financial lease agreement, a certificate of receipt of goods, a written estimate, a report on inspection of goods, a business registration certificate, a request/receiving statement for each credit, a notification of termination of a contract following the loss of time limit interest, a confirmation of unauthorized Disposal, a certificate of confirmation of the fact of unauthorized Disposal, the ledger of claims for accidents, and

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where significant damage has been recovered in the mitigated area (six months to two years), (special mitigation) of the mitigated area (six months to two years), the scope of the recommended punishment [the scope of the recommended punishment] set forth in the sentencing guidelines (the range of the recommended punishment shall be more than one hundred million won or less than five hundred million won);

2. Determination of sentence - If the defendant calculates the instant machinery in accordance with the contract prepared at the time of lease from the victim company, the defendant seems to have a civil obligation to pay KRW 100 million to the victim company at present.

The defendant shall commit a crime of the same kind.