On September 2, 2015, the Defendant entered into a long-term lease contract for a vehicle that leases a victim-based car with a deposit of KRW 18,728,00, monthly rent of KRW 48 months, monthly rent of KRW 953,00 in the defendant's house located in Sast City B, and the victim's market price of KRW 46,820,00,000. The Defendant received the delivery of the said car and kept it for the victim on September 25, 2015.

From July 25, 2016, the Defendant did not pay the above passenger car rent, and the victim sent a peremptory letter to “the contract was terminated due to the failure to pay the rent, so the contract was terminated due to the failure to pay the rent,” and sent a text message to return the car around December 13, 2016 and around December 20, 2016, and the Defendant sent the text message to return the car around December 20, 2016. On May 18, 2017, the Defendant was present at the Sdong Police Station and returned the car.

Even after the statement, the passenger continued to be on board and return the passenger car without contact from the next day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The police statement of E (the complainant's agent);

1. Complaint;

1. Application of Acts and subordinate statutes to a long-term rental agreement, details of calculation of unpaid amounts, peremptory notices, each peremptory notice, and text message (request for return);

1. According to the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the Defendant, who was sentenced to sentencing of the first type (less than KRW 100 million) in the basic area (from April to January 1) of the scope of recommending the grounds for sentencing (from September 2015 to June 2016), paid a total of KRW 13,859,800 for usage fees from September 2015 to June 2016. The Defendant paid KRW 18,728,00 for a total of KRW 32,587,80 for a victim; the Defendant did not have any criminal record exceeding the fine; the Defendant did not have any criminal record; the Defendant’s age, sex, environment, health conditions, the background, means and result of the crime; and the circumstances after the crime, etc., shall be determined as per the order for sentencing as prescribed in Article 51 of the Criminal Act.