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

The Defendant is a person who has engaged in printing business under the trade name “C” in Daegu Jung-gu.

On October 19, 2017, the Defendant entered into a lease agreement with the victim company in the name of the Defendant’s wife D, with respect to the lease amount of KRW 160,00,000, the lease term of KRW 36 months, the lease term of KRW 2,536,690, and the lease term of KRW 2,536,690, the ownership of the printing machine was owned by the victim company during the lease term.

However, on September 5, 2014, the Defendant borrowed KRW 60,000,00 from F and offered the above printed machines as security for transfer, but did not notify this fact. In addition, around that time, the Defendant did not have any intention or ability to repay even if he did not have any tax in arrears and personal liability, and even if he did not receive a loan from the victim company because there is no other property.

As such, the defendant deceivings the victim-affiliated personnel to acquire the same amount of financial benefits from the victim company on October 19, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaint in preparation of the Dispute Resolution E;

1. The police statement concerning G;

1. Application of an application for financial products, an application for facility leasing, a basic terms and conditions of credit transactions, a statement of facility leasing (lease), a situation list, and the application of Acts and subordinate statutes of Notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant provided the printed machines as security for transfer to a third party without notifying the victim company of the fact that the Defendant obtained pecuniary benefits equivalent to KRW 80 million by concluding a lease contract without notifying the victim company.

The fact that the defendant recognized the crime, paid the principal and interest by November 2019, and repaid the principal of approximately KRW 60 million, and the fact that there is no record of criminal punishment shall be considered as a favorable condition to the defendant.

The age, character, conduct and environment of the defendant.