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

1. On August 10, 2015, at the Defendant’s office located in Sinsi-si B, the Defendant made a false statement to the victim C, stating, “The Defendant would have to fully repaid all DN passenger cars with KRW 15 million in high seas as security, and Dogin money within three months.”

However, in fact, the said car was owned by Hyundai Capital, a lessee, by concluding a lease contract under another person’s name and was in operation. Therefore, the Defendant did not have the right to dispose of it at will. In addition, the Defendant was not in bad credit standing at the time, as well as the Defendant was in a situation in which he was unable to repay the borrowed amount equivalent to KRW 50 million borrowed from another person at once, and thus, there was no intention or ability to pay it within three months as agreed, even if he/she borrowed money from the injured person.

As such, the Defendant, by deceiving the victim, received from the injured party the sum of KRW 1,00,000,000 in cash from KRW 9 and KRW 15,00,000 in the same place.

2. Around February 18, 2013, the Defendant: (a) borrowed KRW 15 million from the Defendant’s office located in Sinsi-si, Seoul, from the Defendant’s office located in Sinsi-gu, the Defendant offered and delivered the said car as security, by borrowing KRW 15 million from the Defendant’s office located in Sinsi-si, 2015, when entering into a lease contract with the victim’s Hyundai Capital Capital Co., Ltd., Ltd. in the name of Dongi-si; (b) and (c) was operated by the Defendant.

Accordingly, the Defendant embezzled a passenger car owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (report attached to the terms and conditions of the lease of modern capital vehicles, etc.);

1. Application of the Acts and subordinate statutes to a loan certificate or a certificate of contract for automobile lease;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;