A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The Defendant is a person who operated the “C” in Seogugu-gu.

On December 16, 2011, the Defendant leased 36 months of lease period, 14,400,000, and 1,118,730 won each month of lease from the two capitals of the victim corporation, the Defendant established and operated the said “C” factory. The Defendant leased 36 months of lease period, 14,400,00 won from the two capitals of the victim corporation.

As above, the Defendant sold the machinery of the said CNC Line to D in KRW 34,100,000 while possessing the said CNC Line machinery, which was paid KRW 5,760,000,00 for four months around February 2012.

As above, the Defendant disposed of the CNC machinery of the amounting to KRW 48,000,000 on the victim’s market value, and embezzled it on his own while being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a copy of the lease contract (investigative records, 22 pages), a mechanical photograph (investigative records, 28 pages), and a copy of the relevant sales contract to statutes;

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 (see the grounds for suspended sentence);

1. Although the nature of the crime of this case is not very good for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Probation Act, the defendant confessions the crime of this case, reflects himself, has no record of heavy criminal punishment, and efforts are made with intent to recover from damage. Since the labor ability has labor capability, it is reasonable to continue to recover from damage by carrying out labor rather than issuing a sentence, and the sentence is determined as per the order.