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

On October 26, 2016, the Defendant was sentenced to a two-year suspended sentence for six-month imprisonment at the Incheon District Court for fraud, and the said judgment became final and conclusive on November 3, 2016, and on August 29, 2018, the said judgment became final and conclusive on September 6, 2018 by a two-year suspended sentence of imprisonment with prison labor for six months at the same court.

The defendant is a person who operates food store in the name of Pyeongtaek-si C and 116 "D".

피고인은 2016. 9. 23. 인천 부평구 E에 있는 커피숍에서 B 명의로 피해자 ‘SK 네트 웍스 주식회사’ 와 F 그 랜 져 HG 승용차에 대한 ‘ 자동차 장기 대여 계약’ 을 체결하고( 차량가격 27,700,000원, 향후 인수 가액 8,033,000원, 계약기간 60개월, 월 임대료 597,000원), 2016. 10. 7. 피해 자로부터 위 차량을 인수하여 피해자를 위하여 보관하던 중, 형사사건 합의 금을 마련하기 위해 같은 달 24. 평택시 일원에서 G로부터 500만 원을 빌리면서 위 승용차를 담보로 제공하여 속칭 대포 차로 유통되게 하였다.

Accordingly, the Defendant embezzled the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Long-term lease contract for automobiles;

1. Previous convictions: Inquiry about criminal history, application of Acts and subordinate statutes of the Incheon District Court Decision 2018 High Court Decision 5060, 1 copy of the case search ( Incheon District Court Decision 2018 High Court Decision 5060, 5060);

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. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence provided that the Defendant offered a vehicle owned by the victim equivalent to KRW 27,700,000 for his/her own borrowed money as security and paid only KRW 1,00,000 for rent for the two-month period.

However, since the vehicle was discovered in July 2017 and returned to the victim, the damage was restored to a considerable portion.

It is necessary to consider equity in cases where each crime of fraud has been tried simultaneously with each other.

The above circumstances.