A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On March 5, 2015, the Defendant paid 37,500,000 won to the victim as security deposit, and paid 1,837,000,00 won monthly rent for the remaining 37,50,000 won to the victim as security, concluded an agreement with the contracting officer of the victim non-Nc Capital Co., Ltd. to lease the facilities to obtain ownership of the leased goods for 24 months, and received PC equipment necessary for prefabricated-type 42 and PC operations (a total amount of 75,00,00 won, such as various gate programs, game installation costs, heating apparatus, air clean equipment, books, furnitures, etc., furnitures, etc.).

The Defendant paid rent of an amount equivalent to KRW 7,361,893 on five occasions from the above day to August 10, 2015, but was suffering from economic difficulties due to sales depression, etc., the Defendant used to sell all the goods of the victims, including the above PC 42 units, to a third party.

On August 17, 2015, the Defendant received KRW 19 million from D, which operates a computer trading company, and sold all the goods of the victim, such as the above PC 42, at the same place without the consent of the injured party.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including part concerning E statements);

1. Statement made by the police with regard to F;

1. Application of statutes to the details of payment of lease fees, a copy of the agreement on facility leasing, a copy of the examination report of leased objects, a written estimate of comprehensive lease, and the details of payment thereof;

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

1. The reason for the sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) [the type of the decision] embezzlement and breach of trust, and type 1 (less than KRW 100 million) [the scope of the recommended sentence] shall be four months or more of imprisonment.