A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is the actual operator of the construction company C, which is located in B and 2 stories in Pakistan-si.

On July 10, 2012, the Defendant entered into a lease agreement with the Hyundai Capital Co., Ltd., Ltd., Ltd., and received delivery of the said car.

Upon entering into a lease agreement with the victim, the Defendant agreed to the effect that “the ownership of the leased motor vehicle is owned by the financial company and the customer has only the right to use the motor vehicle,” and “the customer shall not engage in any act that may infringe on the ownership and legitimate rights of the financial company by providing the motor vehicle to a third party without the financial company’s prior written consent.”

Nevertheless, while the Defendant kept the said car on behalf of the victim, he embezzled the said car in excess of KRW 38 million at the market price by providing it as security by obtaining a loan of KRW 18 million from the Grand Capital around October 10, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. Application of Acts and subordinate statutes to the complaint (including documents attached to evidence 6 through 18) and the ledger of motor vehicle registration;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that corresponding punishment is needed in light of the background of the instant crime and the scale of damage.

A damaged vehicle has not been recovered.

However, the fact that the defendant seems to repent of a serious mistake, the fact that the lease fee of KRW 45 million has been paid for about 3 years, the fact that the damage has been recovered, and the fact that there has been no criminal history of the same kind of crime shall be considered in light of the favorable circumstances.

The defendant's age, sex, environment, occupation and career, family relation, motive and circumstance of the crime, contents of the crime, and circumstances after the crime.