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

On March 8, 2011, the Defendant: (a) concluded a lease contract with the victim to the extent that it is possible for the victim to terminate the contract; and (b) concluded a lease contract with the third party to the effect that, with respect to a car, the Defendant and the third party owned by the victim, “the vehicle amount of 34,190,000, monthly rent of 865,700, monthly rent of 44 months, lease period of 44 months, lease period of 44 months, the ownership of the leased automobile is owned by the victim; and (c) if the lease is delayed, the victim may terminate the contract; and in such case, the lessee shall return the vehicle.”

While the Defendant kept the said one vehicle for the victim, on January 2013, the Defendant offered the said vehicle as security for the loan by borrowing eight million won from a mobile phone lender in the name of a mobile phone sales store operated by the Defendant, and on April 2013, the Defendant transferred the said vehicle to the said lender on his name as he failed to repay the above loan around 201.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written summary of D's statement;

1. An automobile facility lease agreement and a statement of payment statement;

1. Application of the register of automobiles statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act [the decision of the type] Embezzlement below KRW 100 million [the scope of recommendation] basic area / [the scope of punishment] from April to April of imprisonment / [the scope of punishment] from January to five years [the decision of sentence] from January to 5 years [the decision of sentence], 6 months from suspension of execution 2 years, community service, 80 hours transfer the leased vehicle used by the defendant to the borrower, and according to the victim's assertion, the crime of this case was committed.