A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 18, 2016, the Defendant entered into a contract for facility lease (lease) with two air conditioners (hereinafter “instant air conditioners”) equivalent to KRW 100 million in total market value between the victim C Co., Ltd. and the victim C Co., Ltd. at its own office located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul. On the same day, the Defendant received the instant air conditioners from the victim Co., Ltd. and kept them in custody for the victim Co., Ltd. on the same day.

Around March 21, 2018, the Defendant entered into a contract to sell to D the site of the farm site that he operated, including corporeal movables, including the instant corporeal movables, in the Gangnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City. Around that time, the Defendant arbitrarily disposed of the instant air conditioners by transferring them to D at the same place.

Since April 1, 2018, the Defendant continued to be unable to pay monthly rent to the victim company, and around that time, the Defendant requested the victim company to return the air conditioner in this case, but rejected the return in a way that does not receive any contact with the victim company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An application for facility leasing, a written contract, a statement of financial lease agreement, and a statement of goods;

1. Receipt of the article, and photograph of the article;

1. Details of currency;

1. Application of Acts and subordinate statutes on a real estate sales contract, including all matters to be registered;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] The amount of damage at the time of embezzlement and breach of trust (type 1) of the Defendant’s embezzlement of less than KRW 100 million, namely, the remaining value of the air conditioner of this case, is KRW 100 million.