A defendant shall be punished by imprisonment for not more than ten months.

2. Determination of the amount of damages of the victim company due to the crime of each embezzlement of this case is not a considerable amount of damages. In particular, the defendant utilization of the balance of the successful bid received from customers under the pretext of recovering the claims arising from liquidation of the relationship with the business, and did not refund the leased vehicle owned by the victim company. The defendant has not returned the leased vehicle. The defendant has repeatedly committed more than 100 times from January 2016 to April 2017, the sum of transportation penalties, administrative fines, and lease fees under the contract exceeds KRW 100 million due to the repeated and continuous violations of traffic laws and regulations. ② G, the representative of the victim company, as the guarantor of the vehicle lease contract of this case, paid the above transportation penalty, administrative fine, lease fees, etc. < Amended by Presidential Decree No. 26760, Mar. 1, 2000>

However, in the past when the defendant was in a trial, it is probable that all of the crimes of this case are recognized and reflected; by delivering the vehicle subject to the crime of this case to G, there is room to view that the damage to the victim company and the actual injured person G was partially recovered; and that the defendant has no record of punishment in excess of the same kind of crime or fine, etc., which is favorable to the defendant. In full view of all the conditions of sentencing as shown in the records and changes of the case, including these circumstances, the court below is the defendant.