A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On September 29, 2017, the Defendant: (a) concluded a financial lease agreement with the victim D Co., Ltd. on the condition that the victim D Co., Ltd. pay KRW 6,117,12 for the seven lease equipment owned by the victim for 48 months; and (b) embezzled two parts (G1348-0657, G1348-065), among seven lease equipment kept in custody on September 27, 2018, whose total market price is 66,353,196 won (G1348-0657, G1348-0655) by arbitrarily selling the leased equipment owned by the victim, and embezzled it by selling it, at his/her discretion, at KRW 5,280,00,000,000 for KRW 6,280.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a facility lease agreement, a contract for ordering, a certificate of acceptance of a thing, a contract for the sale of goods, or a contract for the lease of facilities;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] the basic area (the period of four months to one year and four months for imprisonment] of category 1 (the period of less than 100 million won).

3. According to the decision of sentence, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the sentence as ordered shall be determined by comprehensively taking into account the various factors of sentencing as expressed in the trial process of this case.

D. Unfavorable circumstances: The defendant's embezzled equipment value exceeds 66,353,196 won; the equipment embezzled by the victim was not returned; the defendant's most of the profits acquired by embezzlement is used for employee's benefits, factory operation expenses, lease fees, etc.; the lease fees paid by the defendant for 7 lease equipment amount to 80,000 won; and the embezzled equipment.