A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On or around December 6, 2011, the Defendant entered into a lease agreement with the victim Han Capital Co., Ltd. on the CMW528i car, which is owned by the victim, on or after December 6, 201, stating that the lease amount of the CMW528i car is KRW 67,90,000, monthly rent of KRW 1,714,700, lease period of KRW 36 months, and the lease period of the vehicle is owned by the lessee regardless of the registered name, and the lessee is able to terminate the lease agreement if the lessee delays the lease fee, etc., and in such case the lessee must return the vehicle to the place designated by the lessee, on or around the September of the same month.

On October 2012, the Defendant provided the said car to E, an existing creditor of the Defendant, while keeping the said car for the victim at the D's parking lot of the building, Cheongju-si, Cheongju, for the purpose of securing the extension of the debt repayment date.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of both types of punishment) was agreed upon by the Defendant after committing the instant crime, and there is a favorable condition for the Defendant by the Defendant’s woman prior to marriage, such as complaining of the Defendant’s wife against the Defendant. However, in consideration of the equity between the sentence and the sentence of similar cases, the choice of imprisonment against the Defendant is inevitable.

However, it is decided as per the Disposition in consideration of the fact that the defendant has no record of punishment for the same kind of crime, the agreement with the victim as mentioned above, the circumstances leading to the crime of this case, family environment, etc.