The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance trial, the prosecutor applied for the amendment of indictment with the content that the facts charged in the instant case are modified as stated in the following facts constituting the crime, and since this court permitted this, the judgment of the court below cannot be maintained any more in this respect.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

피고인은 2013. 11. 4. 경 경북 고령군 B에 있는 C 사무실에서 피해자 SK 네트 웍스 주식회사 소유의 K7 차량( 차량번호 : D, 시가 29,350,000원 상당) 1대를 빌리면서 월 렌트료 745,000원을 납부하기로 약정하였다.

The Defendant paid the rental fee only from November 19, 2013 to July 25, 2014, and did not pay the rental fee of three million won in arrears thereafter. As such, the Defendant, upon receiving a request to return the vehicle from the injured party on a total of three occasions on November 13, 2014, and on December 15, 2014, embezzled it by refusing to return the vehicle without any justifiable reason even though he/she was requested to return the vehicle from the injured party.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement prepared by E;

1. Application of the respective Acts and subordinate statutes in which a complaint, a copy of a motor vehicle rental contract, a notification of the termination of a vehicle rental contract, a copy of the promotion letter, a letter domain, and a copy of a motor vehicle

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the confession of the instant crime by the Defendant, is against the mistake, and the economic situation is not good.