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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. An ex officio determination prosecutor filed an application for an amendment to the indictment with the content that the facts charged in the instant case are modified as stated in the facts charged in the judgment below, and this court permitted this and changed the subject of the judgment.
Therefore, the judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, and the judgment below is reversed and it is again decided as follows.
[Separate Decision] Some of the revised facts charged were revised to the extent that it does not interfere with the exercise of the defendant's right to defense against criminal facts.
The Defendant is a person who has operated a parts of electronic equipment with the trade name “C” in Ora-gu, Ora-si B.
On August 31, 2011, the Defendant entered into a lease agreement with the victim D Co., Ltd. and the lessee’s lease amounting to KRW 165,80,00 (including deposit amount of KRW 33,800,00) for the period of 40 months ( KRW 1:4: 1,055,600, KRW 5-40: KRW 4,329,800).
Around October 201, the Defendant kept the instant machinery in the instant factory C, and transferred the instant machinery to G, who operates the Ethm-si EF and transferred the right to dispose of it.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. The original judgment and the statement in court room of the defendant;
1. Examination protocol of the accused by prosecution;
1. The police statement of H;
1. Application of Acts and subordinate statutes to accusation, facility leasing contracts, reports on the inspection of leased articles, and on-site photographs;
1. Relevant provisions of the Criminal Act, Article 355(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the reasonable circumstances] is without any criminal record.