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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 21, 2014, the Defendant entered into a lease contract with the Hyundai Capital Co., Ltd. (K9) with respect to a car of KRW 60,476,00 of the market price of the victim, KRW 13,546,00 of the lease deposit, KRW 1,379,300 of the monthly lease fee, and KRW 20 of the lease fee, and kept the said car by obtaining the said car from the victim on every 20th day of the month.
On July 31, 2014, the Defendant borrowed 12,000,000 won from a lending business operator in cash, which he became aware of through the Internet, and transferred the said car to the said lending business operator as a collateral.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to file a complaint, counseling statement, lease contract, lease contract, statement of lease contract, details of repayment of lease fees, and guidance for termination of a lease contract;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Act leads to a total of 6,00 won of the instant vehicle value.
Prior to the crime of this case, the defendant has been punished twice as an embezzlement crime and has been punished as a property crime several times.
The Defendant escaped for at least five months during the trial of the instant case.
However, the Defendant led to the confession of the instant crime, and agreed with the victim late later.
The term of punishment was set by taking into account the above circumstances and the Defendant’s age, character and conduct, environment, background and details of crimes, family relationship, and other various sentencing conditions.