횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unfair.
2. The judgment of the defendant paid KRW 22,834,242 to Korea Co., Ltd. for social services of victims over 27 times. The amount that the defendant is liable to pay to the above victim upon termination of the lease contract seems to be a cause of 9,012,371; the victim's halog social service Korea Co., Ltd. among the damaged vehicles returned to the above victim company; and the defendant has no criminal record exceeding the same criminal record or fine; however, the crime of this case is refused to return the vehicle even if the defendant was requested to return the vehicle due to the termination of the lease contract on the ground of the unpaid rental charges while the defendant concluded the lease contract and received the vehicle owned by the victim, and the return of the vehicle was requested. In light of the law and content of the crime, the damage amount, etc., the defendant denied the crime of this case until now, and the defendant did not take any special measures to recover damage until the victim and the defendant did not reach the age of execution of the crime, and the defendant did not fully pay the motive and the defendant's money.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.