A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On March 21, 2013, the Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd. (hereinafter “victim”) and with respect to one of the Plaintiff’s equipment at the market price of KRW 50 million owned by the victimized Company, around April 20, 2013, with respect to KRW 10 million (10 million) at the market price owned by the victimized Company and KRW 1,000,000,000 (hereinafter “the damaged Company”), and embezzled the damaged Company by arbitrarily selling the said radar machinery and equipment at its own discretion around May 2013, 2013, with respect to KRW 10,000,00,000, the market price of the damaged Company’s ownership of KRW 10,000,00,000 (hereinafter “the damaged Company”).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of a lease contract;

1. Article 355 (1) of the Criminal Act as to the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Type 1 (less than KRW 100,000) basic area (from April to one year and four months) [decision of sentence] / [decision of sentence] there is no record of criminal punishment except for a fine imposed once due to a violation of the Medical Service Act on April 2002 / The victim does not want the punishment, the victim does not want the punishment, and the fact that the situation of the hospital's financial situation led to the instant crime due to legal non-existence at the end of the aggravation of the hospital's financial condition