On March 26, 2013, the Defendant entered into a lease agreement with the victim company on the lease deposit amounting to KRW 12,147,000, monthly lease fee, KRW 1,288,300, and KRW 44 months with respect to the EMW car (hereinafter “the instant vehicle”) owned by the victim’s character capital Korea Co., Ltd. (hereinafter “victim”) at the DM-based DM shop located in Sungwon-si, Sungwon-si (hereinafter “the victim company”), and used the instant vehicle by building it from the employees of the victim company.

While the Defendant kept the instant vehicle in custody on September 2013, the Defendant offered the instant vehicle as security at a lending business office of “G” located in “G” located in Busan, Jin-gu, Busan, and borrowed KRW 17 million.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Application of Acts and subordinate statutes to notify a motor vehicle facility lease contract, a motor vehicle sales contract, an electronic tax invoice, the current status of claim for lease, the calculation of claim amount, the highest notice for payment of overdue charges, and termination of a contract;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations) and the basic area ( April to January) (the period from April to April) of the sentencing criteria; and

2. Determination of sentence: (a) the Defendant shouldered the fiduciary relationship with the victim and transferred the vehicle owned by the victim company to another person as a security for his/her own obligation; (b) the instant vehicle is highly likely to be distributed in large lanes; and (c) the acquisition cost of the embezzled leased vehicle reaches the amount of KRW 57 million; and (d) the Defendant paid the amount of KRW 28,00,000,000 from April 2013 to March 2014, merely because the amount of lease deposit and the lease fee (12 minutes) are paid to the victim company, and thus, the actual damage amount of the victim company is not significant.