A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 19, 2010, the Defendant: (a) leased construction machinery equivalent to KRW 230,000,000,000 from the victim C, including one package of container package, two package of container package, screen, eight package of container container, and two container containers; and (b) embezzled, around March 6, 2013, the Defendant, a creditor of the Defendant, by setting up a security right to movable property, in order to secure the payment of the amount of oil equivalent to KRW 53,00,00,000 and the amount of future liability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A contract on the lease of construction machinery, a contract on the establishment of security interest in movable property, a payment note, and machinery photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The grounds for sentencing [the scope of recommending punishment] Article 355(1) of the Criminal Act and Article 355(1) of the Selection of Punishment Act [the scope of punishment] Article 2 of the Act (100 million won or more to 50 million won) (6-2 years) of the mitigation area (6-2 years), where the risk of causing damage does not substantially realize the risk of causing damage, the scope of sentencing comparison between the applicable sentences and the recommended sentences: six months to two years [the decision of sentencing] set forth in the sentencing guidelines: the defendant shall be sentenced to six months of imprisonment with prison labor.