A defendant shall be punished by imprisonment for four months.

Punishment of the crime

【Criminal Records of Crimes】 On January 8, 2016, the Defendant was sentenced to the suspension of the execution of two years on July 19, 2016 by imprisonment with prison labor for the obstruction of auction at the credit support of the Suwon Friwon, and the judgment became final and conclusive on July 19, 2016.

【Criminal facts】 The Defendant is a person who actually operates a corporation E established for the purpose of manufacturing and selling pro-friendly environmental containers, etc. at the D small and medium enterprise center located in C.

On December 10, 2010, the Defendant leased a total of 9 machinery (hereinafter referred to as “the instant machinery”) from the Victim F Co., Ltd. (the representative director G, hereinafter “victim”) as shown in the attached machinery list, such as 1 unit of raw material mixing (H) at the above E office, and agreed to pay 300,000 won per month as rent, and the term of lease shall be three years, but if no separate request is made by two months before the expiration of the term, a lease agreement to extend the term by one year was concluded with the victim corporation.

After that, on January 1, 2011, the Defendant was handed over the instant machinery from the victim’s corporation at the Defendant’s factory located in Ansan-si, Seoul-si, and around June 5, 201, the Defendant transferred and installed the instant machinery to the Defendant’s factory located in Yong-si, Seoul-si, and kept the instant machinery owned by the victim for the victim’s corporation.

However, the Defendant, from January 2014 to April 19, 2015, did not pay rent under the above lease contract at the time and did not delay, and received from the victim corporation a request for return of the instant machinery equivalent to KRW 231,354,000 from the victim corporation on or around April 2015, embezzled the instant machinery by continuously refusing to return the said machinery until April 19, 2016 without immediately responding thereto.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L and M;

1. A protocol concerning the examination of the suspect of the N;

1. Statement of impossibility of provisional disposition of movable property (for example, branch court of Suwon District Court), written judgment (for request for extradition of movable property, 4063 grouped by 2015).