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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who operates the “D” as a manufacturer of automobile parts in Kimhae-si, and the “G” under the name of “F” in Kimhae-si, Kimhae-si.
On February 20, 2013, the Defendant entered into a lease agreement with the said D Company on the condition that deposit amount of KRW 180 million shall be paid to KRW 36 million and monthly lease amount of KRW 3910,80,000,000, which is the victim’s ownership between the said G and the said H Company (OKMA&HP-8, 1990) and the victim’s M&C, and embezzled the said machinery by selling the said machinery after receiving KRW 80,000,000,000,000,000,000 from the victim under the said agreement.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding F;
1. Statement to J police officers;
1. Application of Acts and subordinate statutes to accusation (a lease contract, detailed statement of lease contract, estimates for sale, certificate of acceptance, business registration certificate, current status of deposits by contract, statement of amount of claims);
1. Relevant statutory provisions for criminal facts, Article 355(1) of the Criminal Act for the choice of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] [the grounds for sentencing of imprisonment] 1 (100 million won] basic area (4 to 1 year and 4 months): Giving unfavorable consideration to a person who has no special appearance] : (a) circumstances which are favorable to the extent that the amount of damage resulting from the instant crime is significant but not yet paid due to the occurrence of damage: (b) disposal of the leased machinery and used it as operating funds of the company; (c) preferential payment of rent for the company; and (d) there is no previous conviction or other previous conviction except for those sentenced to a fine due to a violation of the Road Traffic Act; (d) the circumstances and result of the instant crime; (e) the Defendant’