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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From November 2011 to November 2014, the Defendant: (a) registered a business operator in the name of Chohae-si B from Kimhae-si to Kim Jong-si; and (b) was a person who actually operated the industrial chain D.
E entered into a lease agreement on August 3, 201 with the victim Non-NN Cases Capital Co., Ltd. (hereinafter "victim Co., Ltd.") and the victim Co., Ltd. (hereinafter "Co., Ltd.") on the lease amounting to 200 million won (NVT-1800, VTO-12) of the market value of the victim Co., Ltd. (NV-180) with 3,536,598 won monthly lease amounting to 48 months, and 48 months lease period at the above D office around June 5, 2012, the Defendant succeeded to 178,765,865 won of the principal of the above lease agreement with the victim Co., Ltd. (hereinafter "Co., Ltd.) and used the lease user modification agreement with the victim Co., Ltd. after taking over 178,765,865 won from the victim Co., Ltd.
The Defendant, around February 2, 2015, transferred two half of the vertical line, which is the owner of the victim company, at the above D factory, under the condition that it offsets the obligation to bear 80 million won to his/her name, and embezzled it. The Defendant paid KRW 151,105,911 from June 2, 2012 to January 2015, and paid KRW 27,659,954 to unpaid evidence.
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to a contract for facility leasing and a contract for facility leasing to a user;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] 1 type (less than 100 million won) of the basic area ( April-1 year and April 4) / None of the persons subject to special sentencing / [decision of sentencing] / (decision of sentencing] of the following circumstances and the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, sex, family relationship, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., shall be determined as ordered
The circumstances that are favorable to the disadvantage: The damage amount is relatively small, and the damage amount is relatively small.