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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
The Defendant is a person who, from August 4, 2012 to August 6, 2013, operated the manufacturer of machinery parts in the name of the Defendant’s wife E in the name of “D” in the Haan-gun, Haan-gun, Haan-nam.
On October 31, 2012, the Defendant entered into a lease agreement on the condition that the Defendant would pay in installments the amount of KRW 746,020 each month for one machine (HIT-400 of the machine mining center) equivalent to KRW 23,650,000 in the market price of the victim case capital Co., Ltd. (hereinafter referred to as the “MIT-400”).
While the Defendant kept the above public machinery that is the victim company’s possession pursuant to the above lease agreement, the Defendant embezzled the said public machinery by receiving the amount of the said public machinery from a person who was not the victim’s name, in order to repay his personal debt on August 2013 without the consent of the victim company, in order to make it difficult to operate the company with ten minutes of payment of the above lease amount difficult.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Statement made by the police with regard to F;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;
1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act include: (a) the fact that the defendant recognized a mistake and reflects the defendant; (b) there is no record of the same or serious crime; (c) the lease fee equivalent to KRW 7.4 million was paid; and (d) efforts was made to pay damages; and (c) the details and details of the case and the degree of actual