On December 7, 2010, the Defendant: (a) concluded a lease agreement with the Korea Social Services Korea Co., Ltd. and Ebenz S550 vehicles located in Seocho-gu Seoul Metropolitan Government to pay KRW 60,000,000 per month in total on 48 occasions each month; and (b) paid only 34 times as an insolvent financial institution while using the above vehicle owned by the victim; and (c) thereafter, the Defendant did not pay the lease fee after failing to pay it; (d) made a payment on December 9, 2013; and (e) embezzled the leased vehicle without justifiable grounds upon receipt of a notification of termination of the lease agreement and a request for return of the lease vehicle from each victim on March 20, 2014. < Amended by Act No. 11610, Dec. 9, 2013; Act No. 12175, Dec. 17, 2013; Act No. 12477, Feb. 17, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A copy of the application for financial lease of presses or of the agreement;

1. Application of a copy of each content certification in the register of automobiles (for perusal);

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of selective sentence of imprisonment [the scope of recommending sentence] Type 1 (less than KRW 100,000) (No person who has been sentenced to imprisonment for four months or one year and four months) (no person who has been sentenced to imprisonment for a period of four months or more), [the person who has been sentenced to special imprisonment] (the decision of sentence] Defendant reflects mistake and is called a part of efforts to reach agreement, etc.

However, in light of the fact that the amount of damage in this case is a large amount near 30 million won, that there is no agreement or that there is no repayment of damage even though the defendant has been given considerable time to reach an agreement at the defendant's request, that the defendant committed the crime in this case during the grace period after being sentenced to a suspended sentence for the same kind of crime, and that there are several records of punishment for the defendant in addition to the above suspended sentence.

Specifically, in determining punishment, other than the above circumstances, various factors of sentencing and the scope of recommending punishment indicated in the records, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime.