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

Around March 2012, the Defendant received a loan from the said B to operate a D-C car in the amount of KRW 40,500,000 at the market price, which was operated by B under lease from the victim C.

On July 2012, while the defendant kept the above car for the victim, he was granted a loan of KRW 10,000,000 from the person who was absent from his name in a non-permanent hot spring area in Busan Dong-gu, and provided the above car as security at his own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the lease contract or the register of automobiles statutes;

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 (not a large number of damage, but a primary offender shall be taken into account);