A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 29, 2014, the Defendant entered into a lease agreement on the condition that D staff of the victim Hyundai Social Co., Ltd. and one of the sprinklering machinery owned by the victim Co., Ltd. shall pay KRW 871,940 each month during the period from September 29, 2014 to October 15, 2017 at the “C” plant operated by the Defendant in the Gyeongbuk-si Industrial Complex B, Gyeonggi-si, the Defendant paid KRW 871,940 each month from September 29, 2014. On October 2014, the Defendant received from the victim Co., Ltd. and kept one of the sprinklering machinery from the victim Co., Ltd.

On January 2016, the Defendant sold 18,700,000,000 won and embezzled one of the above-mentioned portable machines owned by the victim at the above plant, which is equivalent to KRW 18,706,019.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements as proxy of a complainant);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;