A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Records of Crimes】 On January 31, 2012, the Defendant was released on November 30, 2012, and the parole period expired on January 26, 2013 while serving in prison after having been sentenced to one year of imprisonment due to the charge of forging private documents, etc. at the Suwon District Court House.

【Criminal facts】 The Defendant shall establish and operate a company under the name of the party.

D, on June 30, 2015, concluded a lease agreement with the victim non-NF Capital Co., Ltd. with the content of the lease fee of KRW 101,20,000, deposit money of KRW 20,240,000, interest rate of KRW 6.31%, overdue interest rate of KRW 24%, overdue interest rate of KRW 48 months, and lease period of 48 months.

While the Defendant and D kept the said machinery, they disposed of the said machinery as it is difficult for the victim to pay installment due to the aggravation of self-sufficiency, so that they would be able to repay personal debts and lend funds, and disposed of the said machinery at will to G around December 1, 2015.

Accordingly, the suspect embezzled the victim's property in collusion with D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Relevant documents, such as a rental agreement, and a contract for the trade of used machinery;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as investigation reports and criminal records;

1. Relevant legal provisions on criminal facts and Articles 355(1) and 30 of the Criminal Act on the selection of punishment (the crime of embezzlement is established in a case where the defendant, while operating the company in substance and occupying the machinery of this case, he/she disposes of the machinery of this case with his/her intent to dispose of the machinery of this case as a representative under his/her name and to dispose of the machinery of this case), and

1. The grounds for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows, and the arguments of this case are as follows: Defendant’s age, sex, career, home environment, motive and means of committing a crime, and circumstances after committing a crime.