A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 6, 2012, at the office operated by the Defendant in Jinju-si B, the Defendant offered one of the CNC Line Co., Ltd. (TNL-35), one of the multiple mining center (MUTIPEX 420), one of the multiple mining center (MUTX 420), as a security for transfer, to secure the Defendant’s obligation to pay lease fees, etc. for 36 months, equivalent to the CNC Line amounting to 98,50,000, a market price of which is 98,50,000 won (SK20, SK21, SK21, and F 10S2). On July 13, 2012, the Defendant was transferred the above lease machinery.

Around March 2013, when the financial condition of a company operated by the Defendant becomes worse and thus it is impossible to pay rent, the Defendant agreed to dispose of the leased machinery and equipment D with the contracting officer of the victim company and deposit the proceeds thereof into the victim company. On or around March 2013, the Defendant disposed of 25,000,000 won at the above C office (ST 200, SK 21) on the intermediate trading in Daegu located in Daegu, and disposed of 23,000,000 won on the upper half of the CNC Line (ma 10S) located in Jin, and then disposed of 48,00,000,000 won on the upper half of the CNC Line’s located in Jin, and then disposed of 23,00,000 won on or around April 1, 2014 to return the remainder of the amount to the victim’s company as KRW 20,000,50,000.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to hear statements in D or E phone);

1. Application of Acts and subordinate statutes to written confirmation on deposits without passbook, lease contract, detailed statement of lease contract, transfer for security contract, and deposit status by contract;

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

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

1. The scope of sentence recommended on the sentencing criteria (a decision of type) and the scope of embezzlement and breach of trust (a person who is specially punished) less than 100 million won (a person who is subject to recommendation) shall be punished by imprisonment for not less than four months but not more than one year and four months;

2. A victim, although the defendant who has rendered a sentence of punishment does not have a lot of money embezzled;