A defendant shall be punished by imprisonment for one year.

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 a person who operates a wholesale and retail business for dental appliances with the trade name "D" in Busan East-gu B and building C.

The Defendant leased high-priced dental appliances under a lease agreement to dispose of them to dental hospitals, etc. on October 26, 2016, and entered into a lease agreement with the victim E on October 26, 2016, under which the victim’s market price is equivalent to KRW 150,000,000,000 from October 26, 2016 to November 4, 2019, and concluded a lease agreement with the victim E to pay rent of KRW 4,66,620 per month. The Defendant occupied the aforementioned appliances by taking over them at the same place on the same day.

The Defendant, while keeping the above articles on behalf of the victim, sold the slicker and a slling machine with approximately KRW 86 million to the G G department located in Yangnamsan, and sold the remaining slling machine with approximately KRW 40 million to the G department located in Busan Northern-gu, and used the price for D operation funds.

Accordingly, the Defendant embezzled the total market value of 150 million won, which is the property owned by the victim himself/herself, by arbitrarily disposing of two smugglings, and one slicker.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. The police statement of K;

1. Each written statement of L Preparation;

1. A complaint filed by K Preparation;

1. Photographs;

1. A report on inspection of leased articles;

1. Application of Acts and subordinate statutes to a lease agreement, terms and conditions of the lease, estimate of leased goods, and notification of the termination of a contract;

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

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than five years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than one year but not more than three years.