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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates the automobile parts manufacturing business chain in Kimhae-si C.

Around July 11, 2012, the Defendant: (a) entered into a lease agreement on the condition that the acquisition cost shall be KRW 15 million; (b) lease deposit shall be KRW 21 million; and (c) monthly lease fees shall be KRW 2,649,890 for 36 months; and (d) was in custody for the victim while taking over and using the said machinery at the above office; (b) around October 29, 2013, the Defendant embezzled F, who operated E at the above office, with one of the said machinery, at KRW 2,585,50,000; and (c) at the same place on January 8, 2014, the Defendant embezzled F, who sold the remainder of machinery at KRW 48,400,00,000,000,000 to the said office, and embezzled the Defendant’s property of the victim, respectively.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a facility lease agreement, a copy of passbook (the machine price paid by F to a suspect);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act: (a) Defendant continued to sell three machinery owned by a leasing company at will on two occasions on account of the shortage of funds, and continuously paid lease fees; (b) the amount to be repaid at the time when a complaint is filed by a leasing company; and (c) the Defendant has continued to endeavor to recover damage even until recently. There is no previous conviction except for drinking and non-licensed driving, and there are no errors; and (d) the background and result of the instant crime, the Defendant’s age, character and conduct, circumstances after the crime, etc. are considered.