However, the defendant B is above two years from the date this judgment became final and conclusive.

The Defendants entered into a vehicle lease contract between friendships with Defendant B, but the actual operation of the vehicle was decided by Defendant A.

On May 30, 2014, the Defendants entered into a car lease agreement (a lease deposit of KRW 44,400,000, monthly lease fee of KRW 60 months, monthly lease fee of KRW 4,028,160) with respect to one motor vehicle of KRW 207,60,000 in the market value of the victim-owned social Korea Co., Ltd. at the point south of the Hansung motor vehicle located in Gangnam-gu, Seoul, as the bankruptcy of Gangnam-gu. At the point of Gangnam-gu, the Defendants entered into the car lease agreement with respect to one motor vehicle of KRW 207,60,000, the victim-owned market value of KRW 500.

On September 2014, the Defendants: (a) borrowed KRW 70,000,00 to a bonds company with no name-free loan; (b) provided the said vehicle as security; and (c) received notification from the injured company on August 25, 2015 that “if the lease contract is terminated; and (d) returned the said vehicle” on November 5, 2015, the Defendants rejected the return.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of the Defendants in the interrogation protocol of the prosecution against Defendant A

1. Statement made by the police for E;

1. Application of a motor vehicle registration certificate, a motor vehicle lease agreement, a statement of payment details of rent, and a notification of confirmation of termination of a contract;

1. Relevant Articles and 355 (1) and 30 of the Criminal Act concerning the Defendants who choose to commit a crime: Articles 355 (1) and 30 (Selection of Imprisonment);

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the order of community service: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The basic area (one to three years) (one year) of the sentencing criteria [the scope of the recommended punishment shall be 10 million won or more but less than 500 million won] and the basic sentencing criteria [the scope of the recommended punishment shall be 10 million won or less;

2. In the instant case, the Defendants refused to return the automobile kept by the termination of the automobile lease agreement equivalent to KRW 27.6 million in the market price, even though they were also liable to return the automobile.