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 November 10, 201, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to fraud, etc. in the Suwon District Court’s Ansan Branch on November 10, 201, and the judgment became final and conclusive on November 18, 201.

On November 20, 2009, the Defendant, a person who operated C, which is a cutting processing company in Ansan-si, A, purchased 2 smuggling at the above C office with a total of KRW 56 million from D, and received a lease loan from the victim Ogths, and reserved the ownership of 2 sprinklers to the victim.

On January 201, the Defendant, while keeping two of the aforementioned sprinklers for the victim at the above C office, sold two of the above smugglings to the purchaser of the above smugglings in KRW 4,732,00,00, and embezzled two of the sprinklers by using the two as an employee's salary, living expenses, etc. in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of each lease agreement;

1. Written estimate;

1. Copies of each certificate of acceptance;

1. A copy of notification of termination of a lease agreement;

1. Statement of provisional disposition of corporeal movables, and lease machinery photograph;

1. Written consent for performance and return of leased articles;

1. Investigation report (E telephone conversations), personal inspection report (amount sold for smuggling machines), investigation report (the place where the sales proceeds of smuggling machines are used); and

1. Previous records: Application of inquiry results and investigation reports (the report on the previous records and confirmation of concurrent crimes in the latter part of Article 37) Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (less than KRW 100,00) of the basic area (from April to April) of the recommended range;

2. The defendant's age, character and conduct, environment, as well as the fact that the decision of sentencing is against each other, and the amount of damage caused by concurrent crimes is not considerable and has not been recovered from damage;