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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.
Reasons
Punishment of the crime
1. On June 30, 2015, the Defendant: (a) entered into a lease agreement with the Victim B Co., Ltd. (Co., Ltd.) to the effect that ownership and other rights to any item are not transferred to the Defendant; and (b) “CNCPC PCB” received three machines from the victim, and kept them in the F in Ansan-si Agency E of Ansan-si, the Defendant operated by the Defendant.
At around September 12:36, 2017, G enforcement officers G belonging to Suwon District Court attached a notice stating the purport that the above F shall not dispose of or transfer possession of the above objects by the original copy of the decision prohibiting the transfer of possession and disposal of corporeal movables (2017Kadan2141 of the above court) upon delegation of enforcement by the victim.
However, around November 2017, the Defendant removed without permission the above provisional disposition mark, which was attached to the above objects.
Accordingly, the Defendant removed the indication of the compulsory disposition that a public official performed in relation to his duties, thereby impairing its utility.
2. As above, while the Defendant received and retained three of the above machinery owned by the victim B pursuant to the lease contract, the Defendant arbitrarily disposed of the said machinery at the Ansan-si, Ansan-si, the Defendant received KRW 20 million from the J of the I company and disposed of the said machinery at his own discretion around March 2018.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Police suspect interrogation protocol of the accused;
1. The police statement of K;
1. A complaint;
1. An agreement on facility leasing, a detailed statement of general lease agreement, each estimate, a financial product application, a certificate of acceptance, a report on inspection of leased articles, a lease article, a transfer contract, an examination of leased articles, and a report on the inspection of overdue companies;
1. Notification of requests/receiving details by credit type, termination expenditure/collection statement, and advance notice of early cancellation;
1. Protocol of inspection of seized objects, protocol of provisional disposal of corporeal movables, text of ruling, and judgment;
1. Partial certificate of the matters to be registered;