Text
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
The defendant is a person who has operated a metal manufacturing company called the "FRC".
On October 25, 2012, at the office of the Dispute Resolution Co., Ltd. in Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant leased 1,825,346 won each month lease amounting to 1,825, and 33,000 won each month from the Damage Co., Ltd. (VTSA-100), at the office of the Dispute Resolution Co., Ltd. in Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant kept 1,3,00 won each month lease amounting to 734,590 won each month lease amount.
On July 15, 2014, the Defendant: (a) deposited only the lease fee of KRW 142,929,952 at the said office; (b) arbitrarily sold the amount equivalent to KRW 82 million at KRW 48,50,000,000 owned by the victim to E; (c) on September 30, 2014, the Defendant embezzled the amount equivalent to KRW 82,000,000,000,000,000,000,000, in the said office to a resolution of the settlement of disputes with chemical machinery.
In addition, on October 15, 2015, the Defendant deposited KRW 23,584,501 of the lease fee for the above-mentioned crime charged at the above office, and embezzled KRW 33,00,000 by selling it at his own discretion to the KOcheon Machinery Bank in the amount of KRW 20,20,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Complaint;
1. Lease contract or report on impossibility of provisional disposition of movable property;
1. Application of each investigation report (the communication with effective capitals, the addition of documents, and the statement of tax accounts for the crime) Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and the choice of punishment for the crime. Article 355 (1) of the Criminal Act (Selection of Imprisonment with prison labor);
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of the recommended punishment] are Type 2 (4 to 500 million won) in the mitigation area (4 to 2 years), [the special mitigation person] in the case where the risk of damages has not been substantially realized, 1/3 of the minimum sentencing range for the recommended punishment shall be reduced [the sentencing decision] [the sum of the values at the time of the acquisition of the embezzled machinery (82 million won), 197 million won (the sum of the values at the time of the acquisition of the embezzled machinery).