On July 5, 2013, the Defendant entered into a car lease agreement with Hyundai Capital Co., Ltd. and received Cenz automobiles equivalent to KRW 54,600,000 at the market price on the condition that “each month lease was paid in KRW 1,087,80,800, and for 60 months.”

While the Defendant kept the said car on behalf of the victim, the Defendant did not pay the rent of the Plaintiff on November 2014, and was demanded by the injured party to return the said car at a cost equivalent to KRW 46 million for the remaining value on February 12, 2015, but refused to return it and used the said car at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Voluntary written statements of D;

1. Complaint;

1. An application for automobile lease and the ledger of automobile registration;

1. Application of Acts and subordinate statutes to a notice on termination of a lease agreement and a detailed statement of transactions;

1. In full view of the relevant legal provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the reasons [the scope of recommendation] for sentencing of imprisonment [the grounds for sentencing of punishment] Type 1 [the grounds for sentencing of imprisonment] [the grounds for sentencing from April to January 4] [no person who is subject to special sentencing] [the decision of sentencing] is not agreed with the victim [the decision of sentencing], the defendant has no criminal history, and the sentencing conditions under Article 51 of the Criminal Act are comprehensively considered.