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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 25, 2012, the Defendant entered into a “C” plant operated by the Defendant located in B B BBF401 at Gyeonggi City, and received a demand from the Defendant, around May 19, 2014, that the Defendant return the said three types of machinery to the victim, on the grounds that the Defendant took over the claim from BFF Capital Co., Ltd. for the said three parts of the machinery, on the grounds that the contract term is 36 months, the financial lease agreement and the market price of 50,000 won leased on the condition of 8% per annum, and on the condition that the annual interest rate is 36 months, and the annual interest rate is 9.9%, respectively.
Nevertheless, the Defendant, on May 2014, disposed of one of the two metric tons of the Bosules 200 tons, which had been kept for the victim, with approximately KRW 2 million to three million, without the victim’s consent, and refused to return the remainder of Bosules 200 tons and Bosules 250 tons.
Accordingly, the Defendant embezzled another’s property.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Application of the Acts and subordinate statutes requiring filing of an accusation, a lease agreement, termination of a lease agreement, notification of return of leased property, and confirmation of location of leased property;
1. The pertinent Article of criminal facts and the reason for sentencing of Article 355(1) of the Criminal Act [Scope of Recommendation] 1 (100 million won) / [Determination of sentence] The basic area (4 to 1 year and 4 months) of the Criminal Act / [Determination of sentence] the amount of mechanical cost that a defendant voluntarily disposed of exceeds 140 million won, the amount of lease that the defendant paid to the victim is 76 million won, the amount of lease that the defendant paid to the victim is 76 million won, the defendant's management of the company is difficult and financial difficulties are expected to lead to this case, and the defendant is the first offender.