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

1. From June 2012, the Defendant: (a) from around 2012, at the house of D (name E before the opening name; hereinafter “D”) located in Gangnam-gu, Seoul, 101 Dong 506, the Defendant, while living together with D, intended to borrow money by offering the said car as security by using D’s possession of and holding the Fenz emergency key owned by the victim Hyundai Capital Co., Ltd., Ltd., which D leased and managed while living together with D.

On June 3, 2013, the Defendant, at the Gangnam-gu Seoul Metropolitan City C Apartment 101 parking lot, driven by using an emergency key while keeping one of the above Fentz passenger cars owned by the victim and transferred the said car to I as collateral by borrowing KRW 12.6 million from I, which was known by H in the front parking lot of the same day, as the same day.

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

2. 절도 피고인은 2012. 8.경 서울 강남구 C아파트 101동 506호에 있는 피해자 D의 집에서, 피해자가 없는 사이에 피해자 소유의 시가 500만 원 상당의 샤넬 페이던트 빈티지 14번 가방 1개 및 시가 220만 원 상당의 금팔찌 1개를 가져가 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A protocol of suspect examination of the police officer regarding I;

1. Application of Acts and subordinate statutes on a loan against security, and automobile lease contract;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 355 (1) of the Criminal Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act: (b) the Defendant agreed with the victim D; (c) the instant automobile was returned to the victim D; and (d) the Defendant reflects his mistake;