Around June 26, 2013, the Defendant: (a) in the case of a limited company E located in Yong-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the victim Fran Capital Co., Ltd., Ltd., and (b) in the event that the Defendant paid a total of KRW 1,275,500 per month for 60 months (from July 26, 2013 to June 26, 2018) from the date of issuance of a certificate of takeover of a motor vehicle and paid a rental fee of KRW 76,530,00 per month for 76,277,40,000 and the remainder of KRW 13,277,40 on a set-off basis; and (c) returned the leased motor vehicle under the name of the victim to return it; and (d) thus, the Defendant refused to return the leased motor vehicle from the victim on condition that the said motor vehicle was leased to the victim on a refund of the deposit for at least one month, even if the contract was refused on May 214, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes of the accusation (including “attached documents”)

1. In light of the favorable circumstances, such as: (a) the fact that the Defendant, who does not have any record of punishing the grounds for sentencing under Article 355(1) of the Criminal Act regarding criminal facts, has divided his/her mistake; and (b) the Defendant has paid the victim company the enforcement deposit and the nine-month rental fee; (c) the fact that the said vehicle is still in operation without returning the said vehicle; and (d) the fact that the damage was not fully recovered, etc. is disadvantageous.

The punishment shall be determined as per Disposition, comprehensively taking into account the various sentencing conditions indicated in the records, such as the character, behavior, career, and overall details and result of the instant crime.

However, it is not binding on the court in consideration of the fact that the defendant has left a trial in good faith, the defendant needs to be given an opportunity to recover additional damage, etc.