A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2015 Highest 1067] The Defendant was a person who operated a metal processing company called “D” in C 4B or 106 at Si interest.

On August 6, 2008, the Defendant entered into a lease agreement with the lessee that the lessee may terminate the lease agreement and claim the return of the leased article if the lessee transfers, subleases, or provides security to a third party the leased article without the consent of the lessee in writing, and if the lessee transfers, sub-leases, or provides security to a third party the leased article, the lessee has the right to use the leased article from 2,558,333 won to 60 times a month lease agreement, and the lessee received the foregoing article from 307,00,000 won.

As above, the Defendant embezzled the victim’s property by selling and delivering the above goods in KRW 120,00,000 to a company called “E” in July 2009, while keeping the above goods for the victim.

[2015 Highest 1369] On June 25, 2009, the Defendant entered into a lease renewal contract with G at the victim H (ju) office operated by G in Geumcheon-gu Seoul Metropolitan Government on the following grounds: (a) the chemical machine learning center (SIUS-1250) sold in H (H) from the ice Capital Capital; (b) the lease fee of KRW 277,333,870, the remainder of the lease fee in H (ju), would not cause damage by paying the lease fee well; and (c) the Defendant requested the victim to stand a joint and several surety for the full amount of the lease fee from the (ju) ice Capital to the victim; and (d) the Defendant paid the lease fee to the victim so as not to cause damage by paying the lease fee.

However, in fact, the defendant sells the above goods to E around July 2009 due to the difficulties of the company's circumstances at the time, and even if the victim jointly and severally guaranteed the above machinery costs, he shall pay the normal lease fee.