A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 18, 2010, the Defendant entered into a lease agreement with the victim's office (hereinafter referred to as the "user") to the effect that "if the lessee fails to pay lease fees, etc. on two or more occasions, the lessee may terminate the lease agreement, and in such case, the lessee shall return the vehicle to the place designated by the lease company" at the time of the lease agreement with the victim's office (hereinafter referred to as "the victim's office") at KRW 59,800,00,000, which is equivalent to the market price of KRW 300,300,000, monthly rent of 16,117,200, monthly rent of 1,623,50, and 36 months, regardless of its registered name, the lease company may terminate the lease agreement, and the lessee shall return the vehicle to the place designated by the lease company."

On November 7, 2012, while the Defendant kept the said car for the victim, the Defendant requested the victim to return the said car to the Busan-gu Busan-si CFD parking lot by November 21, 2012 at the same time as the notification of the termination of the said lease contract due to the delay in the lease fees of the Defendant, but the Defendant refused to return the said car without justifiable grounds.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the motor vehicle lease agreement, the specifications of the motor vehicle lease agreement, claims / receipt details, notification of termination even during the lease period, and maximum return of the leased vehicle;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration of the agreed point, etc.);