A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On May 9, 2013, the Defendant entered into a lease agreement on a motor vehicle with the amount of KRW 70,90,000 at the market price of the Cryidi A63.0 TDI Quat Vehicle (hereinafter “the instant ASEAN”) owned by the victim company at the office of construction of the Hansan-gu, Seoul Special Metropolitan City (U.S. 82,602), the Seoul Special Metropolitan City (U.S.) for the rent of KRW 2,026,00,00 for the lease period of KRW 36 months.

In accordance with the above lease contract, the Defendant had been kept in custody of the foregoing AD vehicle. On September 16, 2013, the Defendant offered the said vehicle as security at his own discretion by borrowing 20 million won from the bond company at the above AD General Construction Office.

As a result, the Defendant embezzled a hyd vehicle equivalent to KRW 70,900,000 in the market price owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. A complaint;

1. Each report on investigation;

1. Application of the automobile facility leasing contract, notification of expected termination of the lease contract, and the register of automobiles Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to five years of the applicable sentences in law; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (100 million won) (one month to October) and the mitigated area (special mitigation persons] shall not be punished;

3. The amount of damage caused by the determination of the sentence is large amount, but the defendant recognizes the crime in this case and repents in depth, the victim does not want the punishment of the defendant, the defendant has no record of punishment or punishment heavier than the fine, and the criminal law recorded in the records of this case, such as age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.