A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to a suspended sentence of two years for embezzlement at the Seoul Southern District Court (Seoul Southern District Court). On November 16, 2012, the said judgment became final and conclusive on November 2012.

The Defendant, from around 1986 to 2009, operated the “D Co., Ltd.”, a machinery manufacturer located in the Namdong-gu Incheon Metropolitan City, and continued to operate the “D Co., Ltd. E” at the same place from February 2010.

1. Embezzlements against the victim's double capital stock company;

A. On June 19, 2008, the Defendant: (a) concluded a lease financial contract with the said D Co., Ltd. at the office of the said D Co., Ltd. on or around June 19, 2008; (b) decided to purchase at KRW 76,312,00 of the leased principal 76,312,000 of the CNC Line Co., Ltd.; and (c) decided to purchase at KRW 76,312,000 of the leased principal 76,312,000 of the leased principal; and (d) reserved ownership to the victim until the said rent is paid in full, and continued to use the said machinery on the same day.

After all, the Defendant, while having kept the said machinery without full payment of the rent for the said machinery, embezzled the said machinery by arbitrarily selling the said CNC Line’s two sets to G located in FJ-104, Dong-gu, Incheon, Incheon at around April 6, 2012, P-240B (type 1, 2007) and one Funuc bargaining center (2-pake) for KRW 72,765,50.

B. On September 7, 2007, the Defendant, at the office of the said D Co., Ltd. (PUMA 280), entered into a lease financial contract with the victim’s two-way capital and continued to purchase one of the above machinery from the victim as KRW 64,00,00 of the leased principal at KRW 64,00,00,000 of the leased principal, and one of the above machinery from the victim on September 21, 200, from the victim as of KRW 64,000,000 of the leased principal. The Defendant reserved ownership until the said rent was paid in full, and continued to use the said machinery after delivery from September 2007.

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