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

Punishment of the crime

The defendant is a person who operates a gold-type production and sales business chain (ju)C in Kim Sea-si B.

On April 16, 2013, the Defendant entered into a lease agreement with the said C plant on the condition that one of the machinery of the Samsung machine mining center, owned by the victim, shall be KRW 169 million, and deposit money of KRW 33.8 million and monthly rent of KRW 3,434,698 shall be paid for 48 months.

5.Around October, 198, the machinery was delivered to the victim under the contract.

On the other hand, on October 17, 2013, the execution officer D belonging to the Changwon District Court notified that anyone may be punished in cases where he/she damages or conceals a provisional disposition mark without the permission of the execution officer, or damages the utility by any other means, under the executory disposition of the Seoul Central District Court 2013Kadan66774, a "provisional disposition prohibiting the possession, transfer or disposal of corporeal movables" with the executory power delegated by the applicant in the above C factory, which was attached to the above C factory, and publicly announced by attaching a notice indicating that anyone may be punished.

Nevertheless, around June 2014, the Defendant delivered the above machinery as a collateral for the loan amounting to KRW 70,000,000, and embezzled it, and at the same time, abused the above provisional disposition indication.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. 고소장, 리스계약서, 견적서, 인수증명서, 등기사항전부증명서, 사업자등록증, 채권액계산서, 계약별 입금현황, 상환스케쥴

1. Application of the Acts and subordinate statutes appended to the provisional disposition and execution details;

1. Article 140 (1) of the Criminal Act applicable to the crime in question and Article 355 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing of alternative sentence of imprisonment is that the defendant had no previous conviction, and the lease fee has been continuously paid even after the crime of this case.