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

On July 21, 2015, the Defendant: (a) lent the name of the agricultural company C, an agricultural company that it was working in the 1001 Echip Ga, Gangnam-dong, Gangnam-gu, Seoul, to enter into an automobile lease agreement with the victim, and entered into the lease agreement with D deemed X60 vehicles; (b) the lease amount of KRW 49.5 million, the lease period of KRW 36 million, the vehicle ownership was the victim; and (c) the vehicle owner may claim the termination of the contract and the return of the vehicle in the event that the payment of the rent is in arrears on more than two consecutive occasions.

Accordingly, while the Defendant kept the said vehicle for the victim, the Defendant embezzled the said vehicle by refusing to return it, even if he/she received the notification of the termination of the lease contract and the request for return of the said vehicle from the victim through the Managing Director E of the said C on February 2017, after delinquency in the monthly rent from around December 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for one month to ten months (the scope of the recommended punishment] set forth in Category 1 (the scope of less than 100 million won) in the mitigation area (one month to October) (the person subject to special sentencing) in the mitigated area; and

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

Unfavorable circumstances: Circumstances favorable to the fact that there are many criminal records including the same kind of crime: The confession of the crime of this case, and the fact that the damaged person due to the return of the vehicle does not want the punishment of the defendant.