A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is a de facto operator of “C” for the purpose of repairing machines in B at the time of bling.

Around August 7, 2013, the Defendant entered into a sales contract with the victim to purchase at the F Office of Co., Ltd., Ltd. operated by the victim E in Sungsung-si, with the intent to purchase at least KRW 47 million from the victim’s implied machine, KRW 1, 1,200,000,000,000 for the down payment on the same day, and KRW 3,000,000 for the intermediate payment on September 20, 2013, and KRW 34,00,000,000 for the remainder payment on October 20, 2013, and was delivered by the victim.

Upon receipt of the aforementioned implied machine, the Defendant: (a) prepared a “mechanic storage certificate” to the effect that the implied machine cannot be sold to a third party, as the Defendant is the victim’s ownership until the payment of the purchase price is made; and (b) sold the said implied machine arbitrarily to G Representative H in Gwangju, around October 20, 2013, while keeping the said implied machine for the victim at a factory; and (c) sold it at will at KRW 75 million to G Representative H in Gwangju, located in Gwangju, without the victim’s permission.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. E and I statements in the police statement of E, the second police statement of the defendant, and the second police statement of the defendant;

1. - Sales Contract, - Application of Mechanical Storage Certificate Acts and subordinate statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the same Act) provides that a suspended sentence shall be imposed in consideration of the following: (a) the victim paid KRW 20 million out of the purchase price to the victim; (b) further deposit KRW 5 million on November 28, 2014; and (c) the continuous repayment of the purchase price is made; and (d) there is no record of a suspended sentence or higher; and (b) the scope of the sentence recommended in consideration of the following: (a) the crime of embezzlement and breach of trust; (b) the type of embezzlement and breach of trust; (c) the special mitigation of the basic area;