Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Punishment of the crime

Defendant

B On January 8, 2015, the Busan District Court was sentenced to eight months of imprisonment for embezzlement, and the judgment was finalized on May 5, 2015.

Defendant

A is the actual operator of D, and Defendant B purchased from SP Capital Co., Ltd. on January 2013 with a reservation of ownership, and then does not pay in full the purchase price (hereinafter “instant machinery”).

The Defendants, who were temporarily kept in custody, pretended as if they were to take over and use the instant machine from G which Defendant A operated under the name of F, and concluded a lease agreement with the victim (ju), and conspired to receive an amount equivalent to the purchase price of the instant machine and use it in installments.

However, in fact, the instant machinery was merely used temporarily by Defendant B after concluding a lease contract with the non-SP Capital Co., Ltd., and did not have agreed that the Defendants acquired the instant machinery from G to use it. Therefore, even if the Defendants concluded a lease contract with the victim, they did not have any intent or ability to acquire the ownership of the instant machinery from the victim to the victim.

Nevertheless, Defendant A, at around September 30, 2013, committed as if the Plaintiff acquired and used the instant machine from G, to the employees of the victim company, whose name is not known in the D office located in Busan, around September 30, 2013. At the same time, Defendant A entered into a lease contract for the instant machine with the victim company, Defendant A, at the same time, had the Plaintiff’s representative F enter into a sales contract of KRW 40 million for the instant machine with respect to the victim company and the instant machine, and Defendant B, by offering the said machine temporarily used, had the victim acquired ownership through the lease contract, deceiving the victim as if he had acquired ownership of the instant machine, and its employees were the same on the same day as the G account from the victim.