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

[criminal records] On April 6, 2016, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for criminal fraud. The above judgment became final and conclusive on July 5, 2016.

[2] Around January 6, 2014, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd. and EMW 520d automobiles in Gangnam-gu Seoul, with a total lease fee of KRW 69.2 million, the lease period of KRW 60,60,000, monthly lease fee of KRW 1,406,00.

Therefore, since the above car is owned by the victim company, the defendant paid the lease fee during the lease period and was in the position of being kept for the victim while using and benefiting from the above car owned by the victim.

Nevertheless, around September 2015, the Defendant stated the facts charged as “ while borrowing KRW 30 million,” but there is no evidence to acknowledge it (the Defendant borrowed KRW 15 million).

Since the borrowed amount is irrelevant to the requirement for establishing the crime of embezzlement, it would be corrected ex officio to “a loan money”. B borrowed and disposed of the said car as collateral, thereby embezzlement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on investigation;

1. Applications for lease of modern capital vehicles, copies of certificates of seal imprint, and copies of certificates of registration;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the sentencing of Article 62-2 of the Criminal Code of the Social Service Order does not amount to minor damage, the fact that the defendant is against fault, and the lease fee of approximately KRW 31 million is paid, and it is a licenseless driving for a long time, except for punishment for fraud as stated in the judgment.