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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around February 16, 2016, the Defendant entered into a lease agreement on the condition that the victim D Co., Ltd. and its owner E (F) pay 96,200,000 won each month, 2,431,770 won each month, for 48 months, at the above office around August 2016, the Defendant was the representative of Siposi B and the first floor C Co., Ltd., and sold the above E at will upon receiving 5,00,000 won from the above office to the second class of the machinery in its name.
Accordingly, the Defendant embezzled the property of the victim company.
"2018 Highest 2180"
1. Around May 20, 2014, the Defendant: (a) concluded a lease agreement on the condition that the victim H Co., Ltd. and the machinery (I) owned by the Defendant pay 148,00,000 won for goods; (b) monthly rent of KRW 3,475,170 for 48 months; (c) around October 13, 2014, at the same place as the victim and two E (J 1,50,500 won for total goods; (d) monthly rent of KRW 3,846,170 for 48 months; and (e) concluded a lease agreement on the condition that the Defendant would pay 164,50,000 won for total goods to the victim and the machinery (J 1,200,000 won); and (e) received and used the said 3rd E at the same place of business as the above C Co., Ltd.’s name for 160,000 won.
2. On July 29, 2016, the Defendant, as the representative of C company, entered into a lease agreement on the condition that the victim L Co., Ltd. and one E (J) who is the machinery owned by the Defendant pay 80,00,000 won for each month the lease fee of KRW 1,602,282 for 48 months. On November 30, 2016, the Defendant entered into a lease agreement on the condition that the victim and one E (N) who is the machinery owned by the victim shall pay 74,50,000 won for each month the lease fee of KRW 1,490,131 for 48 months at the same place. On July 3, 2017, the Defendant received the above lease agreement on the condition that the victim and one of the machinery owned by the victim shall pay 74,50,000 won for each month for 74,490,131 won for each month.