A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant: (a) was operating “B” as a manufacturer of water parts; (b) around October 22, 2013, at the company located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (c) leased the amount equivalent to KRW 17 million at the market price of the “SNV-40, and manufacturer: Unification)” owned by the victimized Party from “SNV-40,” and was to pay KRW 856,040 per month during the period from October 28, 2013 to October 30, 2016; and (d) drafted the “MN 3,000,000 won for the total amount of KRW 6 times per month until April 30, 2014; and (e) completed the said agreement to pay KRW 856,040 per month during the period from October 28, 2013 to October 30, 2015.

8.6. Around June 17, 2016, while the said machinery was re-leased and kept, sold the said machinery to a third party at the same place and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. Application of the Acts and subordinate statutes on the resident registry and the letter of agreement of deviation from each machine, power of attorney, agreement of removal from machinery and letter of undertaking related to sale, personal credit information inquiry letter and certificate of seal impression;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] Class 1 (less than 100 million won) of Class 1 (10 million won or less) of the mitigation area (one month or October) / Where the degree of violation of duties is minor (a decision of sentence] / The defendant is the first offender who has no criminal experience.

The first siren cost was KRW 17 million, and the defendant paid the rental fee for six months out of the rental fee.

In the process, the machinery owned by the defendant was provided as a collateral to the victim, and there seems to be a possibility of confusion about the payment of the cost of the instant equipment as the defendant, because the damaged person was recovered from the equipment of this case due to the unpaid rent and again provided the defendant.

The defendant's age, sex, environment, and crime.