Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Around November 9, 2014, the Defendant entered into a lease agreement with the Defendant’s father C to set the amount of KRW 30 million at KRW 48 months, monthly rent of KRW 573,000 between the Plaintiff and the Defendant’s household located in Seocho-gu Seoul. On December 30, 2014, the Defendant received and kept the said car in custody before the Defendant’s home located in Seocho-gu Seoul Metropolitan Government.

While the Defendant was unable to pay the rent from around October 15, 2016, the Defendant was demanded from the victim company to terminate the lease contract and return the car from November 15, 2016, and was demanded from March 7, 2017 to return the said car on several occasions by receiving mail proving the above contents, but the Defendant refused to refund the car from October 10, 2017 without justifiable grounds.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the F ( complainant's agent);

1. Application of Acts and subordinate statutes to a contract for vehicle lease, a written transfer of a vehicle, termination of a contract, and requests for the return of a vehicle;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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