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

On June 30, 2009, the Defendant purchased 55 machinery, such as the domestic MT-KH63G machinery 1 unit from “G” operated by the Defendant at the window F of Changwon-si, which had been located there, between I and the representative director I of the Victim H, and entered into a contract for the sale and purchase of the said machinery and the lease of machinery and equipment by the Defendant.

On October 2010, the Defendant, while keeping the above machinery for the victim, sold at the above G factory MT-KH63G machinery of an amount equivalent to KRW 110 million in the market price to the used machinery repairer in his name, and used the price received as the purchase cost for the used machinery of Japan of an amount equivalent to KRW 35 million in the market price and operating expenses for the used machinery of KRW 630,000 in Japan of the above G factory.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Court statements and the first trial records of the accused;

1. Application of the Act No. 1 to 4 of the evidence list submitted by the prosecutor

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

1. It is so decided as per Disposition on the grounds of above Article 62(1) of the Criminal Act (i.e., the confession and reflect, the Defendant installed other devices of the same performance on behalf of the machines he arbitrarily disposed of, and the agreement with the victim and the absence of any record of property crime).