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

On September 22, 2014, the Defendant entered into an automobile lease agreement with the victim C, paying 440,000 won per month for 48 months, and kept the vehicle by delivery on October 14, 2014.

While the Defendant kept the above vehicle for the victim, on May 2015, the Defendant received 1,50,000 won from the person who was aware of it through the Internet, and sold the said vehicle at his own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Early cancellation and notification of vehicle payment, registration certificate, and application of Acts and subordinate statutes of the automobile lease contract;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the fact that the vehicle is white and half, the security deposit of four million won is paid, and the rent for two months after delivery of the vehicle is paid, and there is no record of being punished after 2013, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;