A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant operated on April 28, 2014 by the Defendant in Yangju-si C.

D In the principal factory office, the term of 108,90,000 won and 36 months for total lease amount for the victim gone and two parts of the food machinery of 2014 as well as the term of 108,90,000 won, and the term of 36 months for the lease. After concluding a lease contract with the victim during the lease period to the effect that the damaged person has the ownership of the leased property, the said machinery was delivered to the injured person. On March 3, 2015, the said D office determined two parts of the same type of machinery of 110,000,000 won and repayment period for the total lease amount of 2015 as 110,000,000 won and 48 months for the same type of machinery at the victim's office and received the said machinery from the injured person.

While the Defendant kept four parts of the above machinery for the victim at the above D office, on January 2016, the Defendant sold two parts of the 2014 food machinery, which were sold in KRW 35 million to the non-resident of the first half of the 2014 food machinery, and on February 2016, the Defendant sold two parts of the 2015 food machinery, which were sold in KRW 35 million to the non-resident of the first half of the 2015 food machinery.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes, such as a contract for facility leasing, a copy of a report on inspection of items of each lease, and on-site photographs of a place of business;

1. The pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] 2 types (one hundred million won or more to five hundred million won) [the person who is subject to special sentencing] [the decision of sentencing] [the maximum amount of damage caused by the instant crime] is the maximum amount, the damage was not sufficiently agreed with the victim or was not recovered from full damage caused by the instant crime, and the Defendant committed each of the instant crimes even during the period of suspension of execution. In addition, considering the fact that the Defendant committed each of the instant crimes even during the period of suspension of execution, it is necessary to strictly punish the Defendant.

However, the defendant.