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Defendant shall be punished by imprisonment with prison labor for three months and by imprisonment for two months for a crime committed in January 2015.
Reasons
Criminal facts
On June 4, 2015, the defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Gwangju District Court on the 12th of the same month.
Around June 10, 2013, the Defendant entered into a lease agreement with the victim Meson-man-man-man's management D company located in Gwangju Mine-gu (formerly changed Korea-U.S. Co., Ltd.) to borrow nine frames listed in the attached list of crimes necessary for the manufacture of automobile parts with a monthly rental fee of 3,408,060 won, and the lease period of 36 months for the damaged company, and sold the presses five KRW 8,00,000 to a person whose name is unknown at January 2015, while keeping the machinery for the damaged company, and embezzled the remainder of the presses machine of 40,000 won around December 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the police for E;
1. A contract for facility lease;
1. Previous conviction in the judgment: Criminal history inquiry and investigation report (report on criminal history verification) [a lease contract between the defendant and the victimized company shall transfer ownership of the machinery owned by the defendant to the victimized company and the victimized company shall pay the money to the defendant; the victimized company shall obtain profit equivalent to financial interest during the lease period with the amount of money equivalent to the rent; and the victimized company shall own the machinery again when the lease amount is fully paid; therefore, embezzlement shall be established if the defendant arbitrarily disposes of the machinery during the lease period.]; and
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: the reason for sentencing of Article 39(1) - The amount of unrepaid principal reaches KRW 5,00,000, and the damage has not yet been recovered even after a considerable period of time has elapsed since the crime - Part of the crime was committed during the period of suspension of execution.