Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 13, 2014, the Defendant entered into a lease agreement from Korea Co., Ltd., Ltd., Ltd., Ltd., for BM5 boarding of the victim Alger Samsung Samsung F&M at the Bupyeong-gu Office of Bupyeong-gu Incheon, Incheon, and around October 13, 2014, the Defendant agreed to pay the victim company the lease deposit amount of KRW 2,220,000 and monthly lease amount of KRW 547,610 to the victim company for 60 months. On the same day, the Defendant received the said vehicle as the victim company on the same day.

However, on January 25, 2016, the Defendant was urged by the victim company to pay rent by mail or telephone. From February 1, 2016, the Defendant continued to receive the victim company’s notice of payment of overdue rent and termination of the lease contract through mail or text message, and from April 27, 2016, the Defendant continued to receive the victim company’s notification of termination of the lease contract and the return of the vehicle accordingly.

Nevertheless, on January 2015, the Defendant borrowed 4 million won from C, and refused to return the said car to C at will as a collateral for its debt, and despite the demand for the return of the vehicle of the victim company following the termination of the Plaintiff’s lease contract on April 27, 2016, the Defendant refused to return the said car.

Accordingly, the Defendant embezzled one of the passenger cars owned by the victim company, SM5.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Details of calculation of the amount of a claim for termination of lease, registration certificate, proof of contents, comprehensive management of collection of lease fees, lease of facilities of a motor vehicle, written agreement for lease of a motor vehicle, written statement (A) and application of Acts and subordinate statutes to investigation reports ( telephone conversations with a vehicle custodian);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;