A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On May 11, 201, the Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd. to the effect that “C” office operated by the Defendant located in Gangseo-gu Busan, Busan, the lease amount of KRW 170,00,000,000,000 in advance, monthly rent of KRW 34,000,000, monthly rent of KRW 434,000,00 for the lease period, and KRW 36 months, if the lessee delays the lease, etc., the lessee may terminate the lease agreement, and, in such case, the lessee shall return the leased goods at the place designated by the lessee, and the lessee was handed over the said one of the above machinery around the 18th of the same month.

On January 12, 2012, the Defendant kept one of the above machinery at the above “C” office for the victim, and sold the said machinery at will upon receiving KRW 150 million from D.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a facility lease agreement, or a certificate of receipt of an article;

1. The grounds for sentencing under Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act for the pertinent criminal facts are recognized and contradictory to the Defendant’s mistake. However, although the embezzlement amount is equivalent to KRW 136 million, the actual amount of damage is higher than KRW 90 million, and the damage recovery was not made to the victim, the punishment is determined as ordered by taking account of various sentencing conditions in the trial process of this case.