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

On August 1, 2017, the Defendant entered into a contract with the victim to lease the DoW X5 vehicles owned by the victim at the 8th floor Seoul metropolitan office of the 8th floor in Gwangju-gu, Gwangju-gu, and received delivery of the said vehicle for a period of 60 months by paying the 1,564,090 won per month.

The Defendant was notified of the termination of the lease agreement and requested for the return of the vehicle on March 27, 2018 and May 15, 2018 due to the Defendant’s failure to pay the vehicle rent on or around March 2018 while keeping the vehicle under consignment.

Nevertheless, the Defendant refused to return without good cause and embezzled the above vehicle of 88,900,000 won at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. An agreement of erroneous soil lease, notification on termination of an agreement, and request for the return of a vehicle;

1. Application of Acts and subordinate statutes to a investigative report (f currency content);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence include the confession of the defendant, the fact that the defendant is the primary offender, the fact that the defendant is an agreement with the victim, the amount of embezzlement, the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., and the conditions of sentencing under Article 51 of the Criminal Act, which are shown in the argument in this case, shall be determined as follows: