A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is the representative director of C, a corporation established for the purpose of processing metal, machinery parts, etc. in Seo-gu, Seo-gu, Seoan-gu.

On June 2, 2018, the Defendant paid the leased amount of KRW 9,240,00 per month for 36 months to the damaged company while leasing the two “1VPING CNST 4000 RPPM” and the two “TAPING CNST 4000 RPM” (hereinafter “the instant machinery”) supplied by F with E employees of the victim D Co., Ltd. at the office of the said C Co., Ltd., and transferred the instant machinery without compensation from the victimized company upon termination of the lease agreement.

After concluding a lease agreement with the content of “”, while keeping the instant machinery for the victimized company while receiving and using it, the instant machinery was embezzled by arbitrarily disposing of the instant machinery in KRW 100,000 on October 2018 to G for the sale of used machinery.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police with H;

1. The application of statutes in June 2, 2018, which include a self-lease agreement, a certificate of receipt of goods (mechanic), a goods supply contract, and an on-site photograph after the installation of machinery;

1. The sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive for the crime and circumstances after the crime, etc., shall be determined by taking into consideration the following circumstances: (a) the pertinent Article of the Criminal Act regarding the crime; (b) Article 355(1) of the Criminal Act regarding the choice of punishment; and (c) the punishment as set forth in the order.

[Unfavorable circumstances] Defendant entered into a lease agreement and disposed of the instant machinery for four months after the delivery of the instant machinery.

The disposal price of Defendant 1’s disposal was limited to the 1/3 level of the sales price paid by the victimized company in purchasing the instant machinery.

In light of the circumstances and contents of the instant crime, the degree of damage to the victimized company, etc., the nature of the instant crime is not good.

The defendant will make a security deposit for the damaged company immediately after entering into a lease agreement.