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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2016, the Defendant concluded a management lease agreement with D Co., Ltd., which is equivalent to KRW 55,30,000 of the market value of the victim company, with D Co., Ltd., Ltd., which is the victim company, and had been transferred and used by the victim company. On June 2016, the Defendant borrowed KRW 7,50,000 from F to the F in order to guarantee the liability for the borrowed money from the corporate bond office near the original office located in Seocheon-gu, Seocheon-gu, Seoul.
Accordingly, the Defendant embezzled the property owned by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of G;
1. Application of a contract certificate, an application form, an operating lease agreement, or the register of automobiles statutes;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. 집행유예 형법 제62조 제1항(자백하고 반성하는 점, 2016. 4.경부터 2018. 9.경까지 리스료 합계 2,500여만 원을 납부한 점, 피고인이 리스료 중 상당액을 납부한 것으로 보아 F의 꾐에 빠져 범행에 이른 것으로 보이는 점, 동종전과나 벌금형을 초과한 전과는 없는 점 등 참작)
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;