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

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

Punishment of the crime

Around July 5, 2010, the defendant received a proposal from the victim F to transfer the name of G business operator operated by the victim to the obligees in the attachment from the victim F, so that he/she would change the name of G business operator in the name of the defendant and became the representative in the name of G.

In accordance with the above agreement, the Defendant embezzled the said machinery by arbitrarily disposing of the said machinery to H around April 11, 2013, and by arbitrarily disposing of 13 machinery equivalent to the total market price of KRW 7,5210,000,00, as shown in the attached list of crimes, as well as by arbitrarily disposing of it to H, I, and J, as indicated in the attached list of crimes.

Summary of Evidence

1. Court statement of the defendant (the 12th court date);

1. Statement of witness F in the second protocol of the trial;

1. Each statement of witness K, L and M in the fourth trial record;

1. The prosecutor's statement concerning the F;

1. Business registration certificate (general taxation), confirmation (written evidence Nos. 5), list of processing equipment, receipts, photographs, each specification of transactions, goods sales contract, and books;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 54,55);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of community service order [the scope of recommending punishment]: Basic area (4 to 100,000 won) (4 to 14 months): Imprisonment for 8 months, and the responsibility of the defendant for the crime of this case is heavy in that the defendant committed the crime against the victim detained in another criminal case.

However, the crime of this case was caused by the victim's trust to the defendant in order to evade compulsory execution, and eventually, the crime of this case was committed in this case.