A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 26, 2016, the Defendant entered into a lease agreement with the victim (State) under the condition that the Defendant would pay KRW 2,803,520 each month from January 26, 2016 to January 26, 2019 to the 64 computers and monitoring 62 for the purpose of using in DPC “DPC.”

On September 2017, while the Defendant kept the main body and monitors of the aforementioned computer that was leased for a victim, the Defendant arbitrarily sold the aforementioned computer main body and monitors to a computer business operator who was not his/her name in the PC room at his/her own discretion after receiving KRW 10 million for the aforementioned computer main body and monitors.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on lease;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The lack of recovery efforts compared to the scale of the reasons for sentencing under Article 62-2 of the Criminal Act belongs to the unfavorable circumstances.

However, in consideration of the circumstances leading a third party's illegal disposal, the scale of the remaining lease obligation (a approximately 30%), minor power, support relationship, etc., the treatment in society rather than the custody shall be taken into account.

The punishment of six-month imprisonment shall be determined within the scope of the recommended punishment (type 2, mitigation area, June - 2), and the execution of the punishment shall be suspended for a period of two years on condition that community service for the prevention of recidivism is provided.