A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

Around June 8, 2012, the Defendant entered into a lease agreement with C, operated by the Defendant, at the location of the Defendant, who is located in Heungdong Co., Ltd., the victim's filial Capital Co., Ltd., and used the same machine as KRW 24 months, monthly rent of KRW 867,750, and thereafter, from that time, the Defendant used the same machine.

While the Defendant kept the said machinery for the victim, on March 2014, the Defendant sold the said machinery after receiving KRW 15 million from the non-commercial machine to the non-commercial machine.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a lease contract and a detailed statement of terminated bonds;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing guidelines are applied [the scope of recommending punishment] category 1 (100 million won) (1 to 10 months) in the mitigated area (1 to 10 months), the punishment of which is not granted, or significant damage has been recovered;

2. Determination of sentence is rendered as ordered by taking into account the following circumstances: (a) the Defendant recognized the facts charged in this case; (b) the Defendant reflects his mistake; (c) substantial part of the facts charged was recovered; (d) the victim was not punished; (e) the Defendant did not have any record of punishment exceeding the fine; and (e) the Defendant’s age, character and conduct, family environment,