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

1. Around April 30, 2012, the Defendant entered into a lease agreement with the victim Aju Capital on the condition that he/she would pay KRW 624,135 per month for a passenger car for 60-month period, with the vehicle value of KRW 33,026,00,000, in the Seocho Masan-gu, Changwon-si, Changwon-si, the Defendant paid KRW 33,026,00.

On January 5, 2015, the Defendant was requested from the victim to return the vehicle on January 5, 2015, because the Defendant was unable to pay rent while he was in custody of the car for the victim from the above time.

Nevertheless, the Defendant refused to return the said car without any justifiable reason and embezzled it.

2. Around July 17, 2014, the Defendant entered into a rental contract with the victim Hyundai Capital Co., Ltd. on the condition that the Defendant would pay KRW 487,080 per month for 48 months during the contract period with respect to the vehicle of KRW 16,150,000 for the vehicle value of KRW 16,150,000 in the engine of the Malaysia in Seo-gu, Busan.

From the above date and time, the Defendant was unable to pay the rental fee while keeping the said K5 car for the victim, and was requested by the victim to return the vehicle on December 2, 2014, along with the notice of termination of the contract.

Nevertheless, the Defendant refused to return the said car without any justifiable reason and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to the extent that a rental contract, payment details, guidance for termination of a rental contract, details of obligations for the de facto compact, terms and conditions of a lease, lease contract, peremptory notice for termination of a lease contract, and details of receipt;

1. Article 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Type 1 (100 million won) is not subject to punishment (1 to 10 months).