A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On June 4, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for perjury in the Daegu District Court on June 4, 2015 and the said judgment became final and conclusive on August 28, 2015.

The Defendant is a person who runs a wholesale and retail business with the trade name of “stock company C”.

On September 25, 2012, at the above C office located in Daegu-gu, Daegu-gu, the Defendant leased 7,248,825 won (hereinafter “lease fee”) every four years from the Korea C office of C C, the victim of C, on condition that the Defendant would pay 7,248,825 won every month from the Korea C office of C, the victim of C, “FF Capital Co., Ltd.” (hereinafter “instant machinery,” “the market price of which is 400 million won”).

However, from November 13, 2012, the Defendant did not pay rent for the use of the instant machinery from around November 13, 2012, and around February 22, 2013, the Seoul Central District Court rendered a decision to prohibit the possession of corporeal movables, transfer of corporeal movables, and provisional disposition, and was demanded by the victim to return the instant machinery thereafter.

Nevertheless, around March 21, 2013, the Defendant embezzled the instant machinery by denying the return of the instant machinery to the victim in Yongcheon-si E, and then dumping the said machinery to G operating F.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police in relation to G and H;

1. Each description of a content certificate received from F, real estate lease agreement concluded between F and I, investigation report (related to business trip investigation), investigation report (related to the lease of suspect machinery), investigation report (Listening to report by a complainant's counsel on telephone), record recording, and additional data on C accusation case; and

1. Previous records of judgment: Application of the Acts and subordinate statutes in two copies of the screen of criminal records, a copy of judgment, and the integrated case search system;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (The following conditions of sentencing are considered as favorable among the reasons for sentencing).