Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On June 8, 2016, the Defendant entered into a motor vehicle leasing agreement on the condition that he/she would pay a lease fee of KRW 3,878,200 on June 8, 2016 between June 8, 2016 and June 8, 2020 between 48 months and 3,878,200, which is owned by the victim Company B, and had the said passenger car transferred to the victim company.

On July 3, 2019, the Defendant arbitrarily borrowed KRW 15 million from D from D and provided D with the said passenger car as security, and was notified by the victim company of termination of the contract on the ground of delinquency in lease expenses from around September 3, 2019, and rejected the request for return of the said passenger car without justifiable grounds even though the Defendant was requested to return the said passenger car.

Accordingly, according to the fact-finding results on B of this court's price of KRW 140 million at the time of sale owned by the victim, according to the noticeer who sent by B to the defendant, etc., the sales price at the time of purchase around June 2016 was KRW 140,00,000, and the remaining value on June 2020, when the lease period was terminated, was assessed as KRW 28,000,000. Meanwhile, B sent a claim for settlement of accounts to the defendant on July 22, 2020, the claim amount was KRW 41,458,956, and the above amount was included in the remaining vehicle value and other penalty at the time.

Therefore, around July 2019, when the embezzlement of this case took place, the actual damage amounting to KRW 28,000,000 shall be rounded back, but it is presumed that the actual damage amount did not reach KRW 60,000,000.

Embezzlements the passenger car of this events.

Summary of Evidence

1. The Defendant, except for the Defendant’s partial statement in the court, asserts to the effect that he/she did not have an intent to return his/her vehicle. However, even if he/she did not have an ability to recover his/her vehicle and actually did not return it to the victim company as well as to the present.