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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

"2016 Highest 4067"

1. On December 12, 2014, the Defendant: (a) concluded a lease agreement with the victim C&C lessee Co., Ltd. and with a total of KRW 123,200,000 for each 30 month to operate the PC, including 82 computers owned by the victim, PED monitors 82, servers, two servers, and air conditioners, etc.; and (b) embezzled the said goods by disposing of the said goods without the consent of the injured party on November 2015 while the Defendant kept them for the victim.

"2017 Highest 728"

2. Around February 12:30, 2017, the Defendant: (a) was placed in custody of the front number plate of a DNA car owned by the Defendant for the reason of local tax delinquency from the office of Ulsan-gu, Nam-gu, Ulsan-gu, Ulsan-gu, Seoul for the purpose of exercising a local tax delinquency; (b) was removed from the front number plate of the E non-designated car owned by the Defendant; and (c) was attached to the above Am-gu car.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

2. From 12:30 on the same day to 13:45 on the same day, the Defendant operated a car running from the front side of F pharmacy near the “C” room under the above 1.3 to 163-way 163 in the center of the same Gu from the front side of F pharmacy near the “C” room under the above 1.1. to the viewing point of Franchip flass, as described in the above 1.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

"2016 Highest 4067"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A facility lease agreement, a loan agreement, a certificate of receipt of goods, and the details of wages for lease;

1. Each investigation report "201 high group 728";

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. The 112 reported case processing list, the comprehensive details of vehicles and photographs; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement, the choice of imprisonment), Article 238(1) and Article 238(2) of the Criminal Act (the unlawful use of public marks and symbols) for criminal facts