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

except that 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 June 29, 2012, the Defendant, as a de facto operator C, leased five processed machinery equipment equivalent to KRW 335,331,666 in total, including the market price of the SDR-7050, from the Korea Development Bank of Capital Co., Ltd. (SIUS-7050). However, on October 31, 2013, the Defendant concluded a lease agreement with the effect that the ownership should be transferred if the installment was paid in full for 48 months, and stored processed machinery equipment for the said Korea Development Bank of Capital. However, on October 31, 2013, the Defendant embezzled one of the above equipment, the market price of which is KRW 145,200,000 (SIUS-7050), from among the equipment, at his/her own discretion, and embezzled it by arbitrarily selling it with KRW 72,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against D or the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a lease modification agreement, equipment, photographs, copies thereof, the current status of payment of lease fees, and an investigation report (report attached to a lease agreement);

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, the absence of criminal records of the same kind, the circumstances leading to the crime, and the payment of lease fees);