A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2015 Highest 5945] The defendant was operated by the defendant who was located in C around Sep. 24, 2013.

D In a factory, from the victim non-NK Capital Co., Ltd. (former trade name: non-SP Capital Co., Ltd.), the machinery of the machine mining center MYX 6500 was leased for a period of 36 months, and was kept in custody for the victim, who is the owner of the said machinery. On July 3, 2014, the said machinery was arbitrarily sold and embezzled at 65 million won to F, who is operating the “E” around July 3, 2014.

The acquisition cost of the above machinery is KRW 125 million, and the defendant paid KRW 25 million at the time of the contract, and the remaining principal remains KRW 87,848,120 at the time of the termination of the rental contract.

[2016 Highest 598] The Defendant appears to be a clerical error in the phrase “round December 3, 2013,” around December 23, 2013.

C. On April 9, 2014, the Defendant, in Ssung City, entered into a contract for facility leasing (lease) with the Defendant LYX Dog Capital Co., Ltd. and MYX 6500 to pay KRW 1,690,290 as monthly rent for 48 months, and kept the said machinery for the victim as the owner of the said machinery, he/she embezzled the said machinery at his/her discretion to K operating the “J” located in Ssung City I and embezzled the said machinery at the purchase price of KRW 55 million.

The acquisition cost of the above machinery is KRW 75 million, and the defendant paid KRW 7.5 million at the time of the contract, and the remaining principal remains KRW 48,613,659 at the time of termination of the contract for facility leasing (lease).

Summary of Evidence

[2015 Highest 5945]

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. The details of a rental agreement, a notice of termination of a rental agreement, and payment of installment charges (2016 order 598);

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Application of Acts and subordinate statutes, such as a contract for facility lease, payment statement, and deposit statement;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.