On July 16, 2014, the Defendant entered into an operational lease agreement with the victim Non-Party 41,178,675 won, vehicle price of 44,50,000 won, monthly payment of KRW 809,701, contract period of 48 months, and “the contractor shall not engage in any act that may infringe on the rights and interests of the financial company by providing a third party with a vehicle for security purposes without the financial company’s prior written consent,” and on the same day, the Defendant provided the same amount of KRW 12,30,000,000 to the non-Party 40,50 won for the purpose of securing its obligation by borrowing the aforementioned vehicle from the victim company on the same day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the interrogation of the suspect against the defendant (three times);

1. Statement made by the police for E;

1. Application of contract confirmation, motor vehicle registration ledger (A) and Acts and subordinate statutes;

1. Article 355(1) of the relevant Act on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment in the sentencing guidelines] - Type 1 (less than 100 million won) basic area (from April to January 1) - No person subject to special sentencing: [No person subject to special sentencing] - There is no record of criminal punishment for the same kind of crime; there is no record of criminal punishment for the defendant; there is no record of unfavorable circumstances: The defendant did not agree with the victim; the defendant was sentenced to a suspended sentence for six months on May 201, and the defendant committed the instant crime during the suspended sentence.