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

The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”) in the manufacturing industry in Kimhae-si.

On May 24, 2012, the Defendant entered into a contract with the Defendant Samsung Card Co., Ltd. for leasing one of the CNC cutting machines (hereinafter “instant cutting machines”) equivalent to KRW 189 million (hereinafter “instant cutting machines”) from the victim, and agreed that the lease fee shall be paid in 4,303,00 won each month for 36 months. The ownership of the instant cutting machines belongs to the victim, and that D is prohibited from infringing the victim’s ownership by transferring it to a third party and offering it.

The Defendant, while using the instant cutting machine in accordance with the foregoing lease contract at the above D plant, and being kept for the victim, embezzled the instant cutting machine by selling it at will to Co., Ltd. and delivering it to Co., Ltd. in an amount equivalent to KRW 300 million in total with other materials, heavy machinery, etc. as the management situation of the company worsens around December 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by E;

1. Application of Acts and subordinate statutes to a lease agreement, a sales contract, or a certificate of receipt of a thing;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of recommending punishment] In the event that the risk of damage occurrence (six to two years) in the mitigation area (six to five hundred million won) [Pronouncement of sentence] is not significantly realized, the decision of sentence] imprisonment for eight months, suspension of execution for two years, order of community service order 80 hours (one hundred and half times, thirty times out of the total thirty-six times lease fees, and the unpaid lease fees are 25,818,00 won in total, and the unpaid lease fees are 25,818,00 won in total, and the unpaid lease fees are additionally repaid, and there is no past record of suspension of execution and there is no same record of execution)