A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 28, 2010, the Defendant entered into a lease agreement with the victim’s Capital Co., Ltd. to lease one machine (MYNX5400/40) from the Defendant’s “D” office located in the Military Branch C, and received it from the victim around that time. Around January 20, 2011, the Defendant entered into a lease agreement with the victim’s Capital to lease one machine (MYXX540/40) under the terms of KRW 36 months, monthly rent 2,097,590. On January 20, 2011, the Defendant received it from the victim. Around that time, the Defendant: (a) concluded a lease agreement with the victim’s Capital to lease one machine (MYXX540/40) from the victim’s capital on condition of KRW 36 months, monthly rent 1,638,790.

Therefore, while the Defendant received and used the above machinery, and kept it for the victim at the above place, the Defendant arbitrarily transferred the said machinery to E, the representative of the customer, on February 2012, under the pretext of accord and satisfaction for the debt amounting to KRW 50 million.

As a result, the Defendant embezzled the two above machinery in a total amount of KRW 151,580,00,000, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the application for lease financing and the application of Acts and subordinate statutes concerning credit information;

1. Article 355 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., a confession and reflect, a person who has no criminal record of the same kind or more but has no criminal record of the stay of execution, and a sum of about 46 million won based on the principal amount, and 2/3 or more of the damage has been recovered, and the remaining amount of debt is fully repaid, etc.);