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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 13, 201, the Defendant entered into a lease agreement with the victim filial Capital Co., Ltd. and the machine learning center (MYNX-6500) of an amount equivalent to 76 million won at the market price for 48 months, and entered into a lease agreement on the condition that ownership is transferred at the expiration of each period of 36 months from February 5, 2013.
While the Defendant kept the above articles on behalf of the victim, the Defendant voluntarily sold the said articles to the person who was not aware of his name through the Internet during the period between July 2013 and August 2, 2013.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. Application of Acts and subordinate statutes governing a sales contract, such as the current status of deposits by contract, detailed statement of claims for termination, each lease contract, written estimate, and written estimate;
1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act (Selection of Imprisonment) of the option of criminal facts;
1. Sentencing Criteria [Scope of Recommendation] Type 1 (100 million won) basic area (4 to one year and four months) (4 months); and
2. It is inevitable to strictly punish the amount of damage caused by the decision of the sentence, the amount of which is substantial and still not repaid;
However, in a situation where it is difficult for a company to make it difficult, the punishment as ordered shall be determined in consideration of the fact that it appears to result in the crime of this case in order to resolve wages, rents, etc. of its workers, and that there is no other criminal power except that sentenced once to a fine due to