Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the representative of “C” who runs the steel plate processing business in Kimhae-si B.

On November 29, 2013, the Defendant entered into a lease agreement with the victim BNK Capital Stock Company on the condition that he/she would pay monthly rent of KRW 1,164,469 at the said C office (the acquisition cost of KRW 63 million, the installation location C, the period of KRW 48 months, the deposit of KRW 18.9 million, the monthly rent of KRW 1,164,469) and received the said press equipment on the same day.

The ownership of the article leased pursuant to Article 3 of the Lease Contract is in the victim company, and the defendant has only the right to use the article, and the defendant is prohibited from transferring the above press machine, changing the place of installation and providing it to a third party as collateral pursuant to Article 13 of the Lease Contract, and thus, the defendant shall not sell or transfer the article owned by the victim in mind or arbitrarily dispose of

Nevertheless, on June 22, 2015, the Defendant arbitrarily transferred press machinery from Kimhae-si B to D during his/her business custody and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing filing of a complaint, a contract for facility leasing, a letter of undertaking, a quotation, and field photographs;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;