A defendant shall be punished by imprisonment for six 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

[Basic Facts] The defendant is a representative of C who operates a business leasing temporary materials.

On October 24, 2013, the Defendant concluded a lease contract for temporary materials with E Co., Ltd. (the representative: F) on the condition that temporary materials are leased at the site of D New Construction Works in Hongcheon-gun, Gangwon-do, and that rent 25,410,000 won is paid by February 25, 2014.

【Criminal Facts】

The Defendant leased the temporary materials to the above construction site pursuant to the above contract, but did not receive rents from E, with the intent to board the parts, and to recover the temporary materials owned by the Defendant at the above construction site.

From March 8, 2014 to the 10th of the same month, the Defendant collected the temporary materials owned by the Defendant at the construction site at the above ten persons, and discovered the temporary materials owned by the victim G, the owner of the said apartment house, and leased them to others and loaded them on the truck in mind that they would receive rent.

As a result, the defendant stolen 356 Bap, 100 Pipe, and 100 sawba 100.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G, H, F, I, and J;

1. A contract for the lease of temporary materials;

1. A invoice;

1. Certificate of contents;

1. A detailed statement of water pumps;

1. Application of statutes on site photographs;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] thie (Determination of General thief) [Determination of Recommendation Area] Basic Area / [Scope of Recommendation ] 6-1 year and 6 months / Principal 3 months / There is no recovery of negative damage: There is no criminal conviction of positive suspension of execution - there is no criminal conviction or more than positive suspension of execution (decision of sentence ] The defendant did not agree with the victim until now, and the victim want to punish the defendant's severe punishment.