A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 25, 2018, the Defendant entered into a lease agreement with the victim D Co., Ltd. on the “C’s main point of the Defendant’s operation on the fourth floor of Pyeongtaek-si B, and then used and kept the said golf course expenses from the victim D Co., Ltd. on the “the condition that the ownership is transferred after offsetting the principal and the deposit at the time of termination of the lease period,” with respect to “the amount of KRW 20 million guaranteed, monthly rent of KRW 1,287,500, KRW 1,287,500, KRW 36 months, the grace period of the lease period of KRW 36 months, the lease period of KRW 36 months, and the lease period of KRW 60,000,000.”

On December 13, 2018, the Defendant received KRW 47 million from G representative director, a golf company that screens two golf course costs owned by the victim company without obtaining the consent of the victim company at the above main point.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to field photographs at the time of execution, such as a contract for facility leasing, written estimate, sales, contract for ordering, and contract;

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

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type] of embezzlement and breach of trust [the type 1] below the amount of 100 million won [the person subject to special sentencing] below the amount of mitigation of punishment or significant damage therefrom: The area subject to mitigation of punishment [the scope of the recommended punishment and the recommended punishment], and one month through October.

3. The Defendant, without the consent of the victim company, voluntarily disposed of leased goods owned by the victim company without the consent of the victim company, and the remaining lease amount at the time of termination of the lease agreement reaches 27 million won, and thus, the liability for the crime is not less complicated.

However, the defendant is recognized to commit the crime of this case and is against the defendant, and the defendant wishes to do so with the victim.