A defendant shall be punished by imprisonment for six months.

except that 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

1. On November 22, 2018, the Defendant of criminal records was sentenced to imprisonment with prison labor for six months as a result of the violation of the Labor Standards Act in the Changwon District Court’s smuggling support, and the judgment became final and conclusive on November 30, 2018.

2. Criminal facts were acquired by the Defendant from around June 2016, 201, who was actually operated from around November 2016, when acquiring the D Company located in Si/Gun, from around 1, 2016.

Around December 12, 2014, when the Plaintiff operated D Co., Ltd., the Plaintiff entered into a lease agreement with the victim E Co., Ltd. on the machinery (HI-V50D) equivalent to KRW 60,00,000 at the market price of the victim, which is KRW 1,574,600, and the Defendant succeeded to all the rights and obligations related to the said lease agreement under a contract for the transfer and acquisition of a corporation, and paid the lease fee to the victim from November 2016 to January 25, 2017.

On March 30, 2017, the Defendant received notification of the termination of the lease contract and requested the return of the object of the lease on the ground of the overdue charge of the lease, and sold the said machinery after receiving KRW 44,850,000 (tax amount of KRW 4,650,000) from the G located in the Gyeongnam-si Kimnam-si, Kim Jong-si, without justifiable grounds, around March 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Investigative reports (suspect B telephone conversations), investigative reports (to attach details to the account), copies of passbooks, criminal investigation reports (Attachment to a corporation transfer and takeover contract), corporation transfer and takeover contract, etc., and criminal investigation reports (suspect A telephone call);

1. On-site photographs;

1. 시설대여(리스)계약서, 각 리스계약 해지 예정 통보서, 법인등기부(D 주식회사), 매매발주계약서, 리스계약확인서, 상환스케쥴(리스료), 채권 잔액 조회, 스케쥴대비 입금현황, 통장사본 및 계좌거래내역

1. Criminal records: The results of inquiry and the application of Acts and subordinate statutes on investigation reports (verification during the period of suspended execution A of a suspect);

1. Article 355 of the Criminal Act of this Act concerning criminal facts