A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, along with B, operated the PC in the name of “D” on the 2nd floor in Gyeongnam-si, Kim Jong-si, and entered into a lease agreement on December 18, 2015 on the condition that the Defendant would pay KRW 70,000,000 to the victim C2 and the computer body 70,000,000,000,000,000 won in total, and KRW 15,000,000,000,000 in total, for the lease period of 36 months (from December 18, 2015 to December 18, 2018), monthly rent of KRW 3,691,50,00, and kept the goods for the victim.

On October 2017, the Defendant paid 22 times the rent on 36th of October, 2017, and did not pay more than 50 million won the unpaid rent.

On September 2017, the Defendant sold and embezzled the above goods owned by the victim to the name-disscepte in the PC room, for approximately KRW 20 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The community service order under Article 62-2 of the Criminal Act;