A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is a person who actually operated the “D”, which is a manufacturer of automobile parts, in Gyeongnam-gun, Gyeongnam-gun.

1. On January 24, 2014, the Defendant entered into a lease agreement with the victim and the 45 million won deposit, monthly rent of KRW 902,489, and the lease period of KRW 48 months from February 25, 2014 to January 25, 2018, with respect to 2nd group of CNC (KIT 450, G3722-4434, G372-41, SK 160A, and 160590, 1) owned by the victim at the victim’s point of business finance branch located in Changwon social financial branch (KIT 450, GT 160A, and 160590).

After entering into the lease agreement as above, the Defendant disposed of two above CNC lines at the above D plant on February 2015, the Defendant disposed of the two above CNC lines to the injured party on his/her own name.

Accordingly, the defendant embezzled the victim's property.

2. On December 23, 2013, the Defendant in breach of trust obtained a loan of KRW 750 million in total from two blocking points where the Industrial Bank of Korea was achieved at the Daegu-gun District Bank of Korea, and KRW 150 million in total from the same branch on January 28, 2014, by taking out a loan of KRW 850 million in addition to a loan of KRW 150 million at the same branch on the same date, and placed a factory mortgage on the land, building, machinery, etc. of the above D, and thus, the Defendant had a duty to keep the said machinery, etc. offered as security by the time of the repayment of the loan to the victim with due care of a good manager.

Around June 3, 2015, the Defendant, in violation of the foregoing duties, disposed of one point of the full market value of 56,159,000 won among the machinery kept at his own discretion at the above-mentioned D factory, and one point of the machine learning center equivalent to the market value of 75,720,000 won.

As a result, the Defendant acquired property benefits equivalent to KRW 131,879,000 in the market price of the disposed machinery and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Contract;