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

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

Punishment of the crime

On August 29, 2014, the Defendant entered into a lease agreement on a motor vehicle with the Defendant to pay rent for the above vehicle at KRW 105,578,680,00, lease deposit amounting to KRW 20,360,680, monthly lease deposit amounting to KRW 20,360,680, and monthly lease amounting to KRW 20,231,680,000, and on the same day, G, the representative director of E Co., Ltd, received and used the above vehicle from the Plaintiff to H during the use of the vehicle in lieu of the above vehicle lease amounting to KRW 98,746,00.

H When he/she has used the said vehicle, he/she fails to pay the rent for the border on January 2015 and is delinquent in the same year.

4.2. The termination of a lease agreement was confirmed on the ground that there was a request for the return of a vehicle from an injured person, and H was the same year.

9. At the end, the Defendant sent the vehicle to the Defendant while returning the vehicle.

On October 2015, the Defendant borrowed 30 million won as collateral and embezzled the said vehicle by delivering the said vehicle to I while keeping the said vehicle for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police to J;

1. Notification of registration certificate, a contract for the lease of motor vehicle facilities, the list of lease terms and conditions, and the cancellation of a contract;

1. Application of Acts and subordinate statutes to each investigation report (report on confirmation of the timing of providing security for the vehicle subject to the case and reporting of the contents of currency with I for reference);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Type 1 (less than 100 million won) in the basic area (from April to January 1) [the person who has no special sentencing factors] [the decision of sentence].