However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On January 13, 2014, the Defendant entered into a contract for the lease of automobile facilities on the condition that the 10th victims' character capital stock company office of the 10th victims' character capital in Gangnam-gu Seoul, Seoul, would pay 1,346,000 won at the 36th day of each month for 1,346,00 won at the market price owned by the victim, and received the said car on January 15, 2014. < Amended by Presidential Decree No. 25174, Jan. 15, 2014>

While the Defendant kept the said car on behalf of the victim, even though he was demanded from the victim to return the vehicle due to the termination of the contract because he did not pay the lease fee from April 17, 2014, the Defendant received KRW 18,000,000 from the security service provider of the vehicle in Seodaemun-gu, Seoul and embezzled the victim’s vehicle by transferring the vehicle to the security service provider, whose trade name is not known, around April 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute to a copy of a contract for automobile facility leasing, terms and conditions of automobile facility leasing, each tax invoice related to the purchase of vehicles, automobile registration certificate, notice of termination of contract, and statement of calculation of requested amount;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the community service order, Article 59 of the Act on Probation, etc. [Scope of Recommendation] and Article 1 of the Basic Field [Article 100 million won or less] [Article 62-2(1) of the Act] [Article 62-2(1) of the community service order and Article 59 of the Act on the Probation, etc.] [Article 62-2(1) of the Act] does not [Article 4(1) of the Act] [Pronouncement Decision] unfavorable circumstances: The nature of the crime in this case is not good, the amount of damage is large, and the victim wants to punish the defendant as the primary offender, and the victim paid the lease deposit amount of KRW 1,819,000 and some lease fees