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

Punishment of the crime

On April 21, 2015, the Defendant entered into a lease agreement with the victim non-victim MW 520d car owned by the victim, EMW 38,00,000, monthly rent of KRW 985,824, monthly rent of KRW 48 months, and 48 months, stating that “The ownership of the leased automobile is a financial company, and the lessee has the right to benefit from the automobile, and the lessee has the duty to return the automobile if the lessee fails to pay the rent, etc.” on the same day.

around June 2015, the Defendant borrowed KRW 8 million to a nominal bond company in the airspace of the week located in the territory of the Nam-gu Incheon Metropolitan City and offered the said car as security.

Accordingly, the defendant embezzled the victim's property.

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 written statement;

1. Application of Acts and subordinate statutes governing filing of a complaint, a financial lease agreement, a motor vehicle registration certificate, and content certification;

1. The relevant legal provisions for criminal facts, Article 355(1) of the Criminal Act for the selection of punishment, grounds for [the scope of recommended punishment] [the grounds for sentencing of imprisonment] Type 1 (4) [the scope of recommended punishment] [the grounds for special sentencing] does not exist [the sentencing person] [the judgment of sentencing] [the judgment of sentencing] the following circumstances and the defendant's age, sex, behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the judgment of sentencing as ordered in the argument of this case, shall be determined in consideration of the circumstances that are the conditions for sentencing as shown in the argument of this case.

The favorable circumstances are confessioned and reflectd.

A victim recovered the vehicle.

There are no criminal records of the same kind.

Unfavorable circumstances: (a) committed a crime within two months after the lease contract was entered into; (b) the Defendant applied for automatic transfer to pay the lease fee each month; (c) deposited KRW 2,504 in the first month; and (d) the lease contract was terminated due to delayed payment of the lease fee around June 2015; and (d) the recovery of damage (e.g. the termination of the lease contract).