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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 12, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a period of six months by obstructing the exercise of rights at Suwon District Court, and the judgment became final and conclusive on August 20, 2013.
Around April 22, 2010, the Defendant, who operated D in Pyeongtaek-si C, embezzled the above machinery at his own discretion to sell it to a person who was in the name failure to pay his/her obligation to the Defendant, while taking out a lease of the amount equivalent to KRW 65 million at the 1st century market price of the St bargaining center from the victim Stren Co., Ltd., and around June 23, 201, the Defendant used the machinery at a level equivalent to KRW 67.5 million at the Pyeongtaek-si market price, which was kept for the victim. In order to pay his/her obligation to the Defendant on July 2012, the Defendant embezzled the said machinery at his/her own discretion.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A complaint (including attached documents);
1. Previous convictions in judgment: Application of Acts and subordinate statutes of each judgment and summary agreement auxiliary to cases;
1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense ( comprehensively and severally, the choice of imprisonment);
1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are as follows: (a) the Defendant committed the above crimes, thereby causing damage to the victim’s company; and (b) the injury has not been completely recovered; (c) the confessions and reflects; and (d) considering the favorable factors for sentencing, such as equity with the case where the judgment becomes final and conclusive at the same time, a sentence of sentence is inevitable.
However, in order to allow the defendant to agree with the victim, the court does not place a statutory detention in the trial.