Text
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On June 22, 2011, the defendant was sentenced by the Seoul High Court to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul High Court on June 2, 201, and the decision became final and conclusive on June 30,
On December 13, 2011, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. and the victim company to pay KRW 967,600 as monthly rent for one passenger car at the market price equivalent to KRW 68,700,000, in the response exhibition of the passenger car in Seongdong-gu Seoul, Seongdong-gu, Seoul, and received the said passenger car from the victim company.
While the Defendant kept the said bents for the said victim, the Defendant embezzled the victim’s property by refusing to return the leased fee, despite the Defendant’s notification of the termination of the lease agreement, on September 2012, when he did not pay the lease fee from around May 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Before ruling: Application of inquiry reports and investigation reports and investigation reports Acts and subordinate statutes, such as criminal records;
1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Fine)
1. The reason for the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse [the decision of punishment] 10 million won [the scope of recommending punishment] 1-10 months [the decision of sentencing] [the decision of not to punish [the decision of sentencing]] the defendant committed this case during the period of suspension of execution and committed this crime more severe.
However, in consideration of the fact that the defendant returned the vehicle to the victim and agreed smoothly, and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined.