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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 21, 2011, the Defendant entered into a lease agreement with the victim's Council to the effect that the vehicle may be recovered and the vehicle may be recovered at the same place of business in Gwangju-dong, Gwangju-dong, Gwangju-dong, 872-7, and that the Defendant received the above vehicle at the same place of business, by paying the lease fee of 1,135,100 won per month for 36 months for the vehicle owned by the victim's Kti Capital Co., Ltd. at the victim's office.

While the Defendant had kept and used the said vehicle, he paid the rent on eight occasions until October 201, and thereafter did not pay the rent, and on May 2, 2012, the lease contract was terminated and requested by the employees of the victim company to return the said vehicle at around that time, the Defendant rejected the return of the said vehicle by disposing of the said vehicle to the non-resident of the name.

Accordingly, the Defendant embezzled the vehicle owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (temporary correction of crimes and specification of the amount of embezzlement);

1. Complaints, Motor Vehicle Lease Agreements, Inquiry about Claim/Receipt Details, Application of Acts and subordinate statutes to the Motor Vehicle Registration Register (A);

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2000,000 won for each additional deposit on April 27, 2016; 200,000 won for each additional deposit on May 25, 2016)