A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Around March 30, 2018, the Defendant concluded a loan agreement with the victim E Co., Ltd. with the purchase of a D mining search machine at C office located in Daejeon Sung-gu, Daejeon, with the content of KRW 50,000,000 per annum: 10.9% per annum, repayment period: 60 months: and payment amount: 1,084,629 won per annum; and on April 3, 2018, the Defendant created a collateral security right of KRW 35,00,000 in the name of the victim of the above mining search machine under the victim’s name.

Nevertheless, on May 18, 2018, the Defendant borrowed KRW 20,000,00 from G located in Daejeon Seo-gu F, Daejeon, and made it substantially difficult to grasp the location of the above digging range beyond the above digging range as security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

2. Around March 15, 2018, the Defendant, at a coffee shop in Daejeon-dong, entered into a lease contract with the victim I Co., Ltd. on the content of the terms: (a) 27,500,000 won; (b) 60 months; and (c) 525,00 won per month; and (d) 60 months; and (c) 525,000 won per month; and (b) agreed that the ownership of the above sofacs should be reserved to the victim company until the contract term expires.

After the lease contract mentioned above, the Defendant arbitrarily provided one of the above mining searchers as security while borrowing KRW 10,000,000 from Daejeon-gu K around July 24, 2018 to L, the Defendant had kept one of the above mining searchers for the victim company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused;

1. Each police statement about M and N;

1. Each complaint;

1. Each construction machinery register;

1. An application for financial lease, a sales contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 323 of the Criminal Act, Article 355(1) of the Criminal Act, and the choice of imprisonment for a crime