A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On May 2, 2014, the Defendant entered into a lease agreement with “C” located in Songpa-gu Seoul, the Defendant, on May 2, 2014, with the injured party’s effect capital (PC), 69 units, 27 units, 34 units, 32 units, and 35 units of server type monitors, and 2 units of server type (hereinafter “allied type PC”), and agreed on KRW 150 million in total for the cost of the product, KRW 36 months in the lease period, KRW 75 million in the lease period, KRW 2,619,040 in the lease fee, and thereafter, on July 21, 2014, the Defendant was transferred from the injured party to the said combined type PC and kept the victim in custody.

In this regard, the Defendant received 92 copies of the D's right to sell D's custody from a person who was in the name of the end of October, 2014, and transferred the above combination type PC to that person. Accordingly, while the Defendant kept the victim's property, he arbitrarily transferred it to a person who was in the name of the victim and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaint;

1. Details of lease contract, computer lease estimate, acquisition certificate, business registration certificate, deposit status by contract, and calculation of the amount of bonds;

1. Application of statutes on site photographs;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense. Article 355 (1) of the said Act

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] Class 1 (not less than KRW 100 million, but less than KRW 500 million) in the mitigated area (six months - 2): The person who is subject to a special mitigation shall be subject to a severe punishment in that the damage not to punish [the decision of sentencing] exceeds KRW 150 million.

However, it is decided as ordered in consideration of all the sentencing conditions, including the fact that the victim agreed with the victim (the withdrawal of the complaint on February 2, 2017), the fact that the crime is divided, the fact that there is no record of punishment, and the age of the defendant.