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 became final and conclusive.

Punishment of the crime

The defendant is the representative director of corporation C in Pyeongtaek-si B.

On March 27, 2017, the Defendant: (a) entered into a lease agreement between the victim D Co., Ltd. and the Defendant, under which the Defendant would borrow the equipment equivalent to the cost of KRW 362,960,348 from the victim; (b) KRW 1,966,035 per month; and (c) KRW 8,558,796 per month for April 39; and (d) the Defendant embezzled the equipment of the above SMT equipment owned by the victim on May 31, 2018, by selling the said equipment to E at will on May 31, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. A contract for facility leasing, a written estimate, a certificate of receipt of goods, a repayment cable, the current status of receipt by customer, a notice of termination of contract, etc.;

1. Application of tax invoice Acts and subordinate statutes;

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

1. A large amount of damage in sentencing under Article 62(1) of the Criminal Act, based on the value of the goods at the time of the lease agreement, would be KRW 360,000,000 if the amount of damage in the reason for sentencing is based on the value of the goods at the time of the lease agreement, and KRW 170,000,000 if the remaining lease fees are the standard: Provided, That the punishment shall be determined as ordered by the order, taking into consideration all the factors such as the following factors: (a) the confession of the defendant is made by the defendant; (b) the defendant has made efforts to pay lease fees for several months after the sale of leased goods; (c) the agreement has been made with the victim; (d) the defendant has no other criminal records other than the fine imposed once due to the violation of the Labor Standards Act; (c) the defendant has no other criminal records