Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 19, 2012, the Defendant was unable to pay the amount equivalent to KRW 8,195,863 as the lease fee due to the aggravation of the company’s management while it was used under the condition that the lease fee of KRW 3,780,613, which is an industrial machine (the acquisition cost is KRW 2.1.3 billion) from D, to purchase one of the industrial machinery (the industrial machine) from D.

On December 26, 2013, the Defendant entered into a contract with the victim E, providing two presses machinery equivalent to KRW 30 million at the market price used by the Defendant to the victim E, as security, and allowing the victim to succeed to the above lease contract with D.

While the Defendant kept two above press machinery for the victim, the Defendant did not fully pay the amount equivalent to the lease fee remaining for the victim, on March 2015, the Defendant transferred the said press machinery to a distributor of the mutual influent machinery tools agency, a creditor of the Defendant in Gangseo-gu Busan, for the purpose of repaying the obligation, and then transferred the said press machinery to “G”, a creditor of the Defendant in Busan at the same time and at the same time, disposed of the said press machinery under the pretext of repaying the obligation.

As a result, the Defendant, while keeping two presses machines for the victim, embezzled by arbitrarily disposing of them.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to copies of written statements;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;