A defendant shall be punished by imprisonment for six 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

The Defendant is a person who has operated mechanical parts manufacturing chain in the Gu and America from around March 2008 to March 2013.

On November 2, 2010, the Defendant entered into a lease agreement with the said company on 74,030,000 won of the market price of the victim (DNM400), and agreed to pay 22,209,000 won to the victim for lease fees for 1,696,780 won per month for 36 months. While the said machinery was kept for the victim due to the difficulties in the management of the company, the Defendant sold the said machinery without permission of the victim and used the money for repayment of the loan of the said company on September 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's partial statement in court (the defendant alleged that he was aware that he had the ownership of the leased object by well driving the law, but if the defendant pays rent for 36 months, the victim stated that the leased object is transferred free of charge, and considering the age, occupation, etc. of the defendant, the defendant was aware that he had the ownership of the leased object at the time of committing the crime. Accordingly, the above argument is rejected)

1. Statement made to D by the police;

1. Application for lease financing, tallying report, photo of leased machines, tallymographys, bond information, investigation report (in the name of a suspect), and copy of passbook in the name of a suspect;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of the total lease fees for 36 months after November 2010 under Article 62(1) of the Criminal Act, the Defendant’s wife pays all the lease fees for 19 months before June 2012 in which the Defendant’s wife defaulted, and the purchase and sale of leased articles shall be subject to repayment to financial institutions.