A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates the manufacturing company of electric parts with the trade name called "ARD in Kimhae-si," in Kimhae-si.

On January 25, 2016, the Defendant entered into a lease agreement with the victim and the above press machine with the amount of 16 million won a monthly lease fee of KRW 2,023,700, and the lease period of 36 months for the press machine (including the value added tax) at the same location after transferring one press machine (a model KS-300B), which had been in the factory, to the victim's non-consort capital.

The Defendant used the aforesaid press machine in the aforesaid KUD factory through the lease agreement as above, and sold the press machine to BUD E at will on March 31, 2017. The Defendant sold the press machine at KRW 748 million (including value added tax).

Accordingly, the Defendant embezzled the press machinery owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (the attachment to the transfer agreement) (the confirmation of ownership of the presses of this case (the attachment to the transfer agreement), and attachment to the transaction agreement with E);

1. Lease agreement;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to one year and four months) of the sentencing criteria [the scope of the recommended punishment] Category 1 (the period of less than 100 million won) (the period of imprisonment is less than 4 months)

2. Determination of sentence: (a) the Defendant transferred the previous machinery of KRW 80 million to the victim company; (b) obtained financing by means of lending the said machinery owned by the victim company through the lease contract; and (c) disposed of it without permission at approximately one year, and embezzled the said machinery at around one year; and (d) thus, the issue is not easy.

There are approximately KRW 31 million obligations based on principal, and due to the rehabilitation procedure, the recovery of the remaining damage is difficult due to the rehabilitation procedure.

However, the defendant.