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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 13, 2015, the Defendant entered into a lease agreement with the Defendant’s “CPC room” located in Changwon-si, Changwon-si, Changwon-si, to the effect that: (a) KRW 103,50,00 of the cost of acquiring the victim’s effective capital stock company and KRW 223,150,00,00; (b) KRW 3,517,591 of the server; (c) KRW 3,517,591 of the lease term; (d) KRW 36 months of the lease term; (e) the lessee has the right to benefit from the lease; and (e) the lessee has the right to benefit from the lease if the lessee fails to pay the lease fee, the lessee may terminate the lease agreement and claim the return of the leased goods, and received the said assembly computer, etc.
Around April 17, 2017, the Defendant: (a) received 30850,000 won from a computer dealer and embezzled it at his/her own discretion, and sold it to a third party at the same time by using the above assembly computers; and (b) embezzled it.
Summary of Evidence
1. Statement by the defendant in court;
1. A contract for change of a lessee, lease contract, contract for transfer of claims, and notice of transfer of claims;
1. Application of Acts and subordinate statutes to investigation reports (the details confirmed by the purchaser of goods);
1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.
Unfavorable circumstances: approximately KRW 66 million at the time of December 20, 2016, the unpaid amount was approximately KRW 66 million, and the victim was not repaid.
The favorable circumstances: The crime of this case is against the law.
There is no record of punishment for the same crime or suspended execution or heavier punishment.