A defendant shall be punished by imprisonment for not more than ten months.

except that 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

Around October 18, 2012, the Defendant entered into a lease agreement with the victim Filisung Capital Co., Ltd. (S/n: MF001-05761, s/n: 001-0606074) in the D office operated by the Defendant at Sungsung-si, the Defendant: (a) entered into a lease agreement with the victim C in the sum of KRW 96 million (S/n:01-0571, s/n: 001-06074); (b) for 36 months, monthly lease fee of KRW 3,405,40; (c) from that time, the Defendant was demanded to return goods on the ground that the lease was terminated on the ground that the lease was overdue; (d) around July 24, 2013, the Defendant embezzled the leased contract with the victim on the ground that the lease was overdue; and (e) sold 200,000 won on the non-commercial machinery.

On July 11, 2012, the Defendant entered into a lease agreement with the victim Samsung Card Co., Ltd. on a total of KRW 160,50,050,000 for the lease period of 36 months, monthly lease fee of KRW 3,406,40,00,00 from the victim Samsung Card Co., Ltd. (S/n:ML01-05761, s/n: 001-06074). On November 29, 2013, the Defendant: (a) requested the victim to terminate the lease agreement on the ground of overdue payment from the victim; (b) sold the above 4,50,000,000,000 of the machinery on the part of the non-commercial at December 29, 2013; and (c) embezzled the lease agreement by selling the above 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes on each lease contract;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] type 2 (100 million won or more to 50 million won, since it is a concurrent crime of the same kind, the sum of the amount of profit shall be determined) in the mitigation area (6-2 years), in a case where punishment is not granted or a case where significant damage is recovered (the decision of sentencing is against the defendant], and the victims are also the defendant