Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On January 29, 2018, the Defendant entered into a lease agreement with the victim B Co., Ltd. and CMW 740L car with the content of “60 months: monthly rent: 2,493,900 won” for the said car, and delayed payment of monthly rent twice from the victim while keeping the said car for the victim, and received contact from the victim on March 11, 2020 to the effect that “the contract will be terminated.” On April 29, 2020, the above lease agreement was terminated and the said car was requested several times to be returned. However, the Defendant’s company was under corporate rehabilitation, and the amount of the rent paid during the lease was the maximum amount, and the vehicle was not moved without any inconvenience, and the Defendant’s obligee was arbitrarily holding the said car to DD around May 2020.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A criminal investigation report (including submission of additional data by a complainant and telephone communications between victim B and the victim) (including attachment);

1. Application of Acts and subordinate statutes concerning the statement of bonds, details of deposits into an imported truck operation lease, agreement on vehicle lease, notice of scheduled termination of a lease contract, hearing of reference witnesses D telephone statement;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. Determination of sentence: Determination of sentence of a fine not exceeding 5 million won: In light of the method and content of the instant crime, and the amount of damage, the nature of the offense is not good, and the fact that there are many records of criminal punishment of fines due to the same or similar crimes, etc. are disadvantageous.

However, the defendant's recognition of the crime of this case shows the appearance against the defendant, and the return of the vehicle to the victim and the smooth agreement with the victim.