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 June 23, 2015, the Defendant was sentenced to a suspended sentence of two years on July 1, 2015, due to a violation of road traffic law (dacting driving) in the Changwon District Court's Msan Branch, and the said judgment became final and conclusive on July 1, 2015.

On March 3, 2011, the Defendant entered into a lease agreement to lease temporary materials from victim D Co., Ltd. operated by C, and entered into a renewed lease agreement on May 3, 2012.

After the Defendant leased the temporary materials from the injured party under the above lease agreement, and on January 1, 2012, the amount of the non-returnable temporary materials from February 2, 2012 to July 17, 2012, the Defendant leased 2,051 of the temporary materials from February 2, 2012 to July 2, 2012. From February 2, 2012 to August 27, 2012, the total amount of 3,845 out of 1,414 out of the total amount of the leased materials was 2,431. The Defendant did not properly pay rent, which was agreed after the lease on behalf of the injured party, and did not return the said materials from July 21, 2014 to July 24, 2014. However, the Defendant continued to dispose of the said materials without justifiable reasons.

As above, the Defendant embezzled a total of 32,055,50 won of the market price of 2,431 temporary materials owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement protocol prepared by a prosecutor with respect to C;

1. A investigation report (Adjustment of Non-Returned Goods, etc.) and details of non-return attached thereto;

1. Each lease agreement;

1. Previous convictions: Inquiry into criminal history data, report on investigation (Attachment to a final and conclusive judgment on a suspect), and application of statutes attached to such judgment;

1. Article 355 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62(1) of the Criminal Act 1.