A defendant shall be punished by imprisonment for not more than ten 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 March 5, 2015, the Defendant paid the lease fees of KRW 1,568,428 each month between April 15, 2015 and June 5, 2019, and then transferred the ownership of the Defendant in full, with the payment of the lease fees of KRW 1,568,428, each month between April 15, 2015 and June 5, 2019.

As to “NR700, 2000 won in the amount of KRW 60 million at the market price,” the Defendant shall pay the lease fees of KRW 1,478,803 each month between April 15, 2015 and June 5, 2019 and transfer the ownership of the Defendant in full.

“In entering into a lease agreement and having two said machinery kept for the victim, each of the said machinery was arbitrarily sold and embezzled in January 20, 2006, and on April 3, 2016, around 2007.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the status of arrears, calculation details of the amount of claims, loss of the due date, notification of lump-sum repayment of the amount of claims in arrears, repayment notification, loan agreement, etc., photographs of leased machinery, mechanical transaction contract, tax invoice, tax invoice, and transaction details of passbook;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Type 2 (not less than 100 million won but less than 500 million won) basic area (8 to 3 years): No person who does not have an increase in the first step [special person subject to sentencing] as a result of the combination of identical types of crimes (decision of sentencing] [decision of sentencing] below the following circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, occupation, sex, family relationship, conditions before and after crimes, etc., shall be determined as the same sentence as the order.

Terms and conditions unfavorable to the victim - Circumstances that are not agreed with the victim, conditions that are favorable to the fact that the amount of damage is a large amount - the defendant shall pay rent for at least one year.