A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

On March 25, 2015, the Defendant entered into a contract for facility lease of KRW 75,500,000, monthly rent of KRW 2,233,289 with respect to the two units of the victim Non-NN Cases Capital Co., Ltd. and model name PCS30D, PCS200D press equipment, which are operated by the Defendant in Gyeongnam Kim-si, and thereafter, the Defendant kept two units of the press equipment for the victim from that time.

Defendant 1, while having kept two above press machines, failed to pay the rent, intended to dispose of the said machines to use them for the payment of wages, etc., Defendant 2 embezzled two the above press machines, which are owned by the victim company, by arbitrarily selling PCS300D press machines around September 2015, and PCS200D press machines around October 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on contracts;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes for the punishment of embezzlement as of September 2015 with heavier punishment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to two years [the type of punishment]; 2 types of embezzlement and breach of trust (the amount between KRW 100 million and KRW 500 million) [the person subject to special sentencing] mitigation factors: where the risk of damage is not greatly realized (the decision on the recommended area and the scope of the recommended punishment] mitigation area; 4 months to two years from the imprisonment (the number of the types of punishment increases one step as a result of the combination of the same types of competition increases in one step, reduction of 1/3 from the lowest sentence range).

3. The Defendant, who received the total amount of KRW 110 million, after disposing of two presses owned by the victim and receiving the total amount of KRW 100 million. The value of the Defendant’s embezzled property is considerably large, and the damage suffered by the victim is still still.