A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant is a person who is engaged in the business of manufacturing motor vehicle parts under the trade name of “D” in Asan City.

On March 9, 2015, the Defendant entered into a lease agreement with Hyundai Syman Social Co., Ltd. on one metal processing machine (hereinafter “D”), and agreed to pay a deposit of KRW 30,80,000 to the victim company and pay the lease fee of KRW 3,204,660 per month between April 1, 2015 and April 1, 2019, and to receive the ownership of the said machine from the victim company when full payment of the lease fee is made by paying the lease fee of KRW 3,204,660 per month from April 1, 2015.

The defendant, on March 9, 2015, has been kept in custody by delivery of the above machinery from the victim company around the same year.

9. 15. Fashion of the machinery in light of its name;

By selling KRW 57 million to “the victim company’s market value of KRW 154 million, the victim company embezzled the above machinery equivalent to KRW 154 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 등기사항 전부 증명서, 시설 대여 계약서, 사업자등록증, 각 발주 계약서, 세금 계산서, 리스 물건 재매입 약정서, 물건 인수증, 물건설치 확인서, 상환 스케쥴 조회

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

1. Article 355(1) of the relevant Act on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] Type 2 (one to three years) [no person subject to special sentencing] in the basic area (one to one year), the amount of damage [decision of sentencing] is considerable; the defendant is waiting for committing a crime and is against mistake; some damage is recovered; some amount is deposited for the victim; the same kind of damage is deposited; and there is no same kind of power in the procedure of the instant trial; and the sentence is determined as per the order of the public prosecutor.