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

Punishment of the crime

On January 29, 2014, the Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd. and the machine learning center (VTSA-660) with respect to the total amount of KRW 145,200,000 in the market value of 145,200,000 in the office D office operated by the Defendant located in Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant kept and used the above machinery for 51 months during the lease period, and paid every month rent, and at the time of full payment of the lease, the Defendant would transfer the ownership of 2 the above machinery to the Defendant.

While the Defendant kept two above machinery in the office of the said corporation for the victim, and used them for business purposes, the Defendant sold them at will to a seller of used machinery in cash at KRW 60,000,000 on March 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of all Acts and subordinate statutes to all documents, such as a facility lease agreement, a statement of financial lease agreement, a commodity transaction agreement, and a receipt of an article;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] that there is no type 2 (not less than 100 million won but less than 500 million won) (the scope of the recommended punishment] nor more than one year but not more than three years.

3. Determination of sentence: The fact that the value of two machines embezzled by the defendant in August of imprisonment exceeds KRW 145,200,000,000 won; the defendant paid KRW 172,859,752 at the time of the contract; and the defendant paid KRW 61,207,977 out of the total rent during the contract period from February 28, 2014 to November 30, 2015; however, a significant damage has not been recovered until now, and the victim has not paid KRW 96,92,921 (including overdue interest, repayment fees, etc.) as of December 31, 2015.