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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.
Reasons
Punishment of the crime
On August 21, 2015, the Defendant leased one “mtling machine (HB-8742N)” and one “mtling machine (HB-35)” and one “mtling automatic loading device” with the victim’s D business employees and one “mtling machine (HB-35)” with the victim’s company at the “C” store located in Seo-gu, Seo-gu and Defendant’s management around 21, 2015, on condition that 3,364,60 won should be paid monthly rent for 36 months. Until full payment of rent was made, the ownership of the above goods was reserved to the victim company; on October 8, 2015, the Defendant received and sold the above goods from the victim company and sold them on or around 200,000,000,000,000,000,000,000,00,00,00,00,00,00.
Accordingly, the Defendant embezzled the property owned by the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on facility leasing contracts and deposit details of general leases;
1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Article 62(1) of the Act on the Suspension of Execution provides that the scope of recommending sentencing guidelines for the reasons of sentencing is from 1 to 10 months (in cases where punishment is not imposed), due to the following factors: (a) unpaid rent is not a large amount; (b) the Defendant agreed with the victim; and (c) the Defendant has no past criminal history.