A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 28, 2010, the Defendant was sentenced to imprisonment with prison labor for not less than ten months for fraud in the Western Branch of the Daegu District Court, and the said judgment became final and conclusive on November 12 of the same year.

The Defendant is the representative director of D, Co., Ltd., Ltd., a mechanical parts manufacturing business in Daegu North-gu, and the victim Eg capital Co., Ltd. (hereinafter “Eg capital”) is a facility leasing company under the Specialized Credit Financial Business Act, and G is a person who operates I, a mechanical equipment processing business in Daegu-gu H.

Around March 13, 2008, the injured party entered into a lease agreement that leases the said machinery for four years without reservation to the injured party and delivered the said machinery to G. On June 24, 2009, G entered into a loan agreement with the Defendant for use of the said machinery and delivered the said machinery to the Defendant.

On June 24, 2009, while the Defendant was in custody of the said machinery for the victim, the Defendant voluntarily delivered the said machinery to L under the pretext of sale security while receiving investment of KRW 140 million from K Co., Ltd. and L from L.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of L;

1. Protocol of the police statement concerning G;

1. A complaint, a full certificate of registered matters, a lease contract, a quotation, a quotation, a certificate of transfer, a written judgment, a confirmation of fact, a copy of fact confirmation, a preparatory document, a balance sheet, a photographic copy, and a written judgment;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of written judgments) and application of respective statutes of judgment;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence) is that the Defendant confessions the facts of crime and reflects his mistake, and can be said to be the substantial victim of the instant case.