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

Punishment of the crime

1. Around December 4, 2013, the Defendant entered into a car facility rental agreement on the condition that he/she would pay 1,005,900 won monthly rent for 48 months from January 10, 2014 to January 10, 2018, the Defendant would receive 5,000,000 won to the first-person F who is not aware of the same day while he/she was transferred the said vehicle and kept the said vehicle.

As a result, the Defendant’s indictment of KRW 48,100,000, which is the victim company’s possession, stated C220, the acquisition cost of KRW 51,160,90,00, and KRW 64,300,00, the vehicle price of KRW 50,000, the vehicle price of KRW 51,30,00, which is the acquisition cost, as the embezzlement amount.

2. On December 6, 2013, the Defendant entered into a car facility rental contract with the condition that he/she would pay rent of KRW 1,712,100 for every 36 months from December 6, 2013 to December 6, 2016 for the passenger car owned by the victim company at the 126th floor office of the Gangnam-gu Seoul Han Capital Co., Ltd., the 8th floor of the 126 large building, the Defendant: (a) received the said car and kept in custody on the same day; and (b) received KRW 5,00,000,000 from the day when the said car was delivered to him/her; and (c) delivered the said car.

Accordingly, the Defendant embezzled the above car amounting to KRW 64,300,000, which is owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each motor vehicle facility leasing contract and motor vehicle registration certificate;

1. Certificate of employment;

1. Notice of confirmation of termination of a contract, notification of scheduled termination of a lease contract, and notification of receipt of legal procedures;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment].