Around April 27, 2010, the Defendant entered into a lease agreement with the employees of BMW X12.0d 1,80,000 won owned by the victim and the employees of BMW X12.0d 1st 51,80,000 won at the office of BMW X12, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, and operated the said vehicle by delivery for 36 months, while the Defendant was in custody of the victim, he received a loan from the bond company around July 2012 and disposed of it as security at his own discretion.

As a result, the Defendant embezzled the above BMW X12.0d vehicles with the market value of KRW 51,800,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on complaint, automobile lease contract;

1. Reasons for sentencing [the range of recommending punishment] Article 355(1) of the Criminal Act’s applicable law for criminal facts and Article 355(1) of the choice of punishment [the sentence of imprisonment] [the sentence] Article 1(1)(100 million won] of the Criminal Act’s basic area (4 to 100 million won): Consideration of favorable circumstances, such as the fact that the amount of the principal and interest of the lease which the defendant has failed to pay exceeds KRW 50 million (29 million in the leased principal) and that the defendant has not paid a serious effort to recover from damage: The defendant reflects wrong: the fact that the defendant has paid the lease amount in good faith for more than two years; the fact that the defendant was the primary offender; and other factors of sentencing prescribed in Article 51 of the Criminal Act are considered.