On September 18, 2012, the Defendant entered into a contract for the lease of automobile facilities (lease) with respect to the passenger vehicles of the victim Mimz comprehensive financial securities company and C WD Pods tank, with the gross vehicle price of KRW 40,50,000, monthly rent of KRW 683,30 (60 months) and received the said passenger vehicles.

On January 24, 2013, the Defendant rejected the return of the said car equivalent to KRW 34,742,324 of the market price without justifiable grounds even though the Defendant received notification of the termination of the lease agreement and the return of the vehicle from the victim company on the ground of the delayed payment of the lease fee, while keeping the said car for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of the automobile facility lease agreement, a copy of the automobile lease agreement, a copy of the notification of the notice of the termination of the lease agreement and the return peremptory notice ( January 9, 2013), a copy of the vehicle lease termination, and a peremptory notice of the vehicle return ( January 24, 2013);

1. Details of deposits by financial malpractices;

1. Details of text delivery;

1. Application of statutes on a copy of motor vehicle registration certificate;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;