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

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

Punishment of the crime

On November 2, 2012, the Defendant entered into a lease agreement with the victim (owner) free capital and the victim-owned computer and monitor 92 tax rate for the lease amounting to 65,000,000 won, monthly lease amounting to 3,213,740 won, monthly lease amounting to 24 months, and received a delivery of monitor 92 fee on the same day.

The Defendant received approximately KRW 22,00,000 from a middle and high-computer merchant B and disposed of the said computer and monitor KRW 92 on January 3, 2014 while having kept the said computer and monitor KRW 32,134,00.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A lease contract, a receipt of an article, or a report on the examination of a leased article;

1. A detailed statement of tax revenues;

1. A written request, an examination report, an order acceptance certificate, or an application for lease;

1. Investigation report (the date and time of loan and the date and time of disposition);

1. Application of Acts and subordinate statutes to investigation reports (to hear telephone statements B from persons for reference);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Type 1 (100 million won) / [Determination of sentence] Defendant entered into a lease agreement, and paid the lease fee of KRW 44,92,360 over 14 times, and Defendant did not make efforts to reach an agreement with the victim, and Defendant did not pay the amount of damage at all, but Defendant appears to have committed a crime because it is difficult for Defendant to run his business, and other circumstances such as Defendant’s age, environment, amount of damage, and circumstances after committing the crime are considered.