Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

On August 26, 2013, the Defendant entered into a lease agreement with the Hyundai Capital Co., Ltd., Ltd., which provides that the amount equivalent to KRW 68,236,437 of the market price owned by the victim shall be KRW 1,624,90, and the lease period of KRW 48 months shall be KRW 1,624,90, and received the said Eubs car.

In concluding the above lease agreement, the Defendant and the victim agreed that “the ownership of the leased motor vehicle is the victim, and the Defendant has only the right to use the motor vehicle,” and “the Defendant cannot perform any act that may infringe on the victim’s ownership and legitimate rights by providing the motor vehicle to a third party for the purpose of security without the victim’s prior written consent.” As such, the victim had ownership of the said motor vehicle during the lease period.

While the Defendant kept the said car for the victim, on November 2014, the Defendant borrowed 13 million won from the above lending company from the above lending company, which was located near Gyeyang-gu Incheon Gyeyang-gu Office, Gyeyang-gu, Incheon, and disposed of the said car as security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application for automobile lease, terms and conditions of automobile lease, guidance for termination of the lease contract, details of deposit, guidance for early termination, and application of the register of automobiles Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act (wholly agreed with the victim, etc.);