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 became final and conclusive.

Punishment of the crime

On April 2, 2015, the defendant was sentenced to imprisonment with prison labor for 6 months and a fine of 3 million won at the Busan District Court on April 15, 2015 and the above judgment became final and conclusive on April 15, 2015.

The Defendant is the head of the office and partner of the Agricultural Company C (hereinafter referred to as “C”) of the Incorporated Agricultural Company C (hereinafter referred to as “C”) and entered into a lease agreement with the said Company C (hereinafter referred to as “W”) on June 27, 2014 by setting the amount of financial application to KRW 61,02,360, deposit money to KRW 6,102,00, monthly payment to KRW 112,850, monthly payment to KRW 1,112,850, and the period of contract to be owned by the victim during the lease period, and received the said BM vehicle.

On November 3, 2014, the Defendant: (a) borrowed KRW 10 million from F at the State office located in the Busan Seo-gu, Busan, and provided the said BMW vehicle as collateral and embezzled it on November 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and F;

1. A written contract confirmation or a lease agreement;

1. Investigation report (The value of the vehicle for BMW 520D);

1. Previous records of judgment: Criminal records, etc., inquiry reports, confirmation materials of judgment, and application of Acts and subordinate statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (10 million won or less) of category 1 (100 million won or less) (1 to 10 months) [Special Sentencing] [Determination of sentence] Defendant appears to have the attitude of denying and opposing the Defendant’s criminal act; agreement with the victim; and the fact that it is a crime before final and conclusive judgment, etc.