피고인은 2013. 7. 29. 서울 양천구 신정동에 있는 바바리 안 모터스 목동 전시장에서 피해자 비 엠더블유 파이 넨셜 서비스 코리아( 주 )에게 60개월 동안 리스료 월 1,167,683원을 납부하기로 하고 피해자 소유의 시가 63,700,000원 상당의 BMW B 자동차를 보관하면서 사용하게 되었다.

On August 2015, the Defendant provided the said automobile as security at his own discretion by borrowing 3% per year a monthly interest rate of KRW 20 million from a borrower.

On December 15, 2015, the Defendant rejected the Defendant’s contact to return the vehicle from the injured party on January 18, 2016, even though he/she was unable to pay the rent on a light-time basis.

Accordingly, the Defendant embezzled the foregoing vehicle as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. If a person deducts KRW 32,437,34 from the leased amount to the leased amount of KRW 63,700,000 for the reason of sentencing a sentence of imprisonment, penal provision, Article 355(1) of the Criminal Act, the amount of loss caused by embezzlement is calculated as 30 million won. The principal sentence is determined in the basic area (less than 100 million won) of the type of embezzlement (less than April 10 to April 1), and there is no recovery of damage, and thus, the sentence is imposed.