A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal records] On April 19, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement, etc. at the Changwon District Court, and two years of suspended execution, and the judgment became final and conclusive on August 25, 2017.

[2] On March 17, 2015, the Defendant entered into a lease agreement with the victim E and one group of CNC lines (a model name: KIT450/G372-6391) at his factory located in Kimhae-si, Kimhae-si, and received the said machinery by concluding a transfer security agreement with the two groups of CNC lines (a model name: f400/F50, f500) to secure the loan.

1. According to the above lease agreement that the embezzlement defendant concluded with the victim, ownership of leased articles belongs to the victim during the lease period, and the defendant has the right to possess and use leased articles.

Nevertheless, in around 2015, the Defendant arbitrarily sold 45 million won to the person who was not aware of his name, and embezzled the property of the victim. However, the Defendant arbitrarily sold 45 million won to two machine learning centers (the model name: F400, F500), which are the object of lease, in the above plant.

2. In accordance with the above transfer collateral contract that the Defendant entered into with the victim, the Defendant had a duty to possess and keep and manage the transferred collateral goods by the time the lease contract is terminated.

Nevertheless, the Defendant, in violation of its duties at the above plant, sold one half of the CNC Line (MAZATROL), which is an object of transfer security at the above plant, to the non-name scrap metal business entity, with the amount equivalent to KRW 300,000,000, and acquired pecuniary benefits equivalent to that amount and sustained damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Complaints and evidential materials attached thereto;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and the application of statutes to the submission of additional data;

1. Article 355(1) of the Criminal Act (the point of embezzlement) and Article 355(2) of the Criminal Act regarding criminal facts.