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.

Punishment of the crime

1. From October 27, 2010 to October 26, 2013, the Defendant concluded a lease agreement on the condition that the lease fee of KRW 1,175,613 shall be paid in advance between the victim's effective capital and the other party's writing work at the machine learning center equivalent to KRW 50 million in the market price, and the Defendant paid KRW 15 million in advance between October 27, 2010 to October 26, 2013, and kept the said machine on delivery.

After paying only 18 times lease fees from around that time to April 2012, the Defendant received approximately KRW 10 million from the above office around May 2012 and arbitrarily transferred the above work machinery to a person who has lost his name.

Accordingly, the defendant embezzled the victim's property.

2. On January 6, 2012, the Defendant entered into a lease agreement on the condition that the lease agreement shall pay the lease fee of KRW 1,321,878 per month for 36 months from January 6, 2012 to January 5, 2015 between the victim non-SP Capital Co., Ltd. and the victim non-SP Capital Co., Ltd., on the condition that the payment of the lease fee of KRW 1,321,878 per month is made between the victim non-SP capital and the Plaintiff.

After paying only four lease fees from around that time to April 2012, the Defendant received KRW 36,30,000 from the above office around April 12, 2012 and arbitrarily transferred the said machinery to the representative of G.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of each lease contract and the details of deposit transactions Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

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

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 recommendations based on the sentencing criteria: Imprisonment for four months to one year and four months (the scope of recommendations) shall be the first type (100 million won).