A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 2, 2012, the Defendant entered into a lease agreement with the victim’s second sloping Co., Ltd., Ltd. (VM6500, Boring machine, smugglinging machine, and singrying machine as one of one) on one unit of the machine owned by the victim, with monthly lease fee of 3,292,330 won, and lease period of 36 months from April 2, 2012 to April 2, 2015, the Defendant had duties to preserve and manage the said machine, which is the security, by providing one unit of the machine owned by the Defendant to the victim as a security for transfer, until the realization of the purpose of the said transfer by providing it to the victim as a security for transfer.

Nevertheless, on May 2013, the Defendant, in violation of his duties, sold the machinery of the said machine mining center (MYNX750/50) to the needy person who operates B at an infinite place (MYX750/50) in the amount of KRW 35,00,00, and acquired the pecuniary benefits equivalent to the lease fee amounting to KRW 20,179,875 (based on November 20, 2014), which was secured by the said machinery, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a complaint, lease contract, credit information, transfer for security, power of attorney, certificate of seal impression of employee, and full certificate of registered matters;

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. The scope of recommendation [decision of types] The sentencing criteria for embezzlement crime, the sentencing criteria for embezzlement crime, and the absence of less than KRW 100 million (type 1) (the scope of recommendation), [the scope of recommendation] the imprisonment of April to April (the basic area);

2. Sentence: The sentence of imprisonment with prison labor for a period of four months was not restored even though the defendant inflicted a considerable loss, and it is inevitable to sentence the defendant as a penalty;

However, all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and result, and circumstances after the crime, are divided while the defendant led to the crime.