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

On April 16, 2014, the Defendant entered into a lease agreement with the victim NonS Capital Co., Ltd. and BMW 520D car in the Handok-gu, Hando-si, Hando-si, Inc., Ltd., which was located in 266, Korea-si, Hando-si.

The content is that the injured party paid 67,227,740 won of the purchase price of the said vehicle to the seller of the vehicle, and it has ownership. The defendant paid 12,580,000 won as security deposit to the defendant so that the above vehicle can be used by the defendant. The defendant transferred the ownership of the said vehicle to the defendant if the defendant paid the lease fee in full to the victim for 60 months, and if the defendant paid the lease fee in full for 1,449,380 won, the injured party can terminate the above lease contract.

The Defendant paid KRW 12,580,000 to the victim on April 16, 2014 in accordance with the above lease agreement, and kept the said car for the victim after obtaining the said car. On July 28, 2014, the Defendant provided the said car as security to C at will to the creditor with the claim of KRW 20,000,000 against the Defendant.

Accordingly, the defendant embezzled the above car amounting to 67,227,740 won at the market price owned by the victim.

Summary of Evidence

1. Statement made by the police against D;

1. Written complaint, Oral lease agreement, written estimate, and certificate of registration of a motor vehicle;

1. Application of the loan certificate (20 million won) and the Act and subordinate statutes governing the certificate of vehicle storage;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

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. The basic area (from April to April) of the sentencing criteria [the scope of the recommended punishment] Class 1 (the amount of less than 100 million won) (the person who is subject to special sentencing];

2. The sum of the amount of obligation, such as lease fees, to be settled by the defendant on April 12, 2016, is KRW 22 million as of April 12, 2016, and the defendant remitted to the victim on June 22, 2016, KRW 6 million out of the amount.