A defendant shall be punished by imprisonment for six 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

1. On October 18, 2010, the Defendant, the representative director of the embezzlement C, concluded a lease agreement that leases one of the CNC vertical line of 125,000,000 won at the market price from the victim SP Capital Capital Co., Ltd. for a monthly lease of 3,226,80 won at the monthly lease fee of 36 months, and had the Defendant take over one of the above equipment at the Defendant’s factory located in B in Yangsan-si, Yangsan-si, and kept the said equipment for the victim.

While the Defendant kept the said equipment, on October 2012, the Defendant arbitrarily sold the said equipment at the Defendant’s factory to IMS Co., Ltd. in KRW 105,00,000.

Accordingly, the Defendant embezzled the above equipment owned by the victim.

2. The Defendant was in custody of one CNC vertical line of the CNC CNC vertical line, which was leased from the BNF Capital, within the factory of the C.

On December 13, 2011, the enforcement officer E of the Ulsan District Court notified that the said equipment should not be transferred, pledged, or otherwise disposed of, or that the possession should not be transferred to another person or transferred to another person or changed the title of the possession of the said equipment in accordance with the original decision of prohibition of possession or disposal of corporeal movables in the above court (201Kahap967) with the delegation of the execution of the creditor non-Sc Capital Co., Ltd. and attached the indication of provisional disposition to the said equipment.

However, on October 2012, the Defendant disposed of and handed over the said equipment to IMS Co., Ltd. in KRW 105,000,000.

Accordingly, the defendant has harmed the utility of the provisional disposition indication that the public official performed in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A facility lease agreement, a report on the examination of leased objects, and a written estimate;

1. A protocol of provisional disposition of corporeal movables, that of prohibition against possession or transfer of corporeal movables, and that of provisional disposition prohibited from disposal;

1. Application of Acts and subordinate statutes to the details of the full repayment of lease;

1. The point of embezzlement under Article 355(1) of the Criminal Act and Article 355(1) of the same Act concerning criminal facts;