Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who operates C Co., Ltd in the name of B.

Around November 21, 2011, the Defendant entered into a lease agreement with the victim company and its owner on Dracks car equivalent to KRW 44 million in the name of the said company at the victim Hyundai Capital Co.,, Ltd., Dong-gu branch in Daegu-gu, Daegu-gu, 334 teachers’ mutual aid building 10 floors, and agreed to pay the victim rent of KRW 84,200 per month for 48 months, and received the said car from the victim.

On June 13, 2012, while the Defendant kept the said car leased for the victim, the Defendant embezzled the said vehicle by refusing to return without any justifiable reason even though the Defendant received a request from the victim for return of the vehicle due to the termination of the contract on the grounds of overdue lease fees.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A complaint;

1. A report on investigation (76 pages of investigation records);

1. Application of Acts and subordinate statutes to a copy of lease agreement;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;