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

On March 25, 2014, the Defendant entered into a contract for facility lease (lease) with the lessee as the Defendant, the joint and several surety, the lease period of which is 60 months, and the monthly payment of which is 788,500 won, on the same day, at the modern car D agency located in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, for the amount equivalent to 23,550,000 won in the market value of the victim Hyundai Capital Co., Ltd. owned by the Defendant, and kept the said vehicle for the victim on the same day.

Nevertheless, the Defendant, on September 2016, was in arrears with the rent of the Plaintiff, and the lease contract was terminated on December 23, 2016, but the Defendant refused to return the leased vehicle without justifiable grounds. However, the Defendant embezzled the said vehicle by transferring the leased vehicle to a person who is not his/her name, at the seat of the winter 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint of modern Capitals;

1. Application for lease, application of terms and conditions, notification of scheduled termination, and application of the attached Table of deposit details;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (less than KRW 100,00) of the basic area within the scope of the recommended punishment (from April to April);

2. In this case, the decision of sentence shall be deemed to have obtained a loan from a bond company while the defendant entered into a lease contract for a passenger car owned by the victim and provided it as a security at will, and in such a case, it is highly likely that the vehicle will be distributed by the bond company, and if no specific measure is taken to recover damage, the crime shall not be deemed to be committed.

However, the order is issued in consideration of the following: (a) the Defendant’s mistake and reflects the Defendant’s mistake; (b) the payment of rent up to half, which led to the instant crime; (c) the primary offender who has no record of criminal punishment; and (d) the Defendant’s age, sexual conduct, environment; and (e) the circumstances after the instant crime.