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 became final and conclusive.

Punishment of the crime

On March 15, 2012, the Defendant, who operated the livestock products wholesale business under the trade name of “stock company B”, entered into a car lease agreement with the victim Hyundai Capital Co., Ltd. and with the price of KRW 51,510,000 in the name of “B” on the lease fee of KRW 1,459,100 per month, and the lease period of KRW 48 months with the victim company.

The Defendant, while keeping the said car, embezzled the said car by disposing of the said car by transferring it to F in lieu of the retirement allowance, as the retirement allowance of F to be paid to F who was a partner of the said company on January 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The statement statement of G (the statement that the police officer failed to receive rent from January 2015 after the lease agreement of 48 months on March 15, 2012).

1. A lease agreement (a lease agreement shall be KRW 1,459,100 per month);

1. Application of Acts and subordinate statutes to the details of the payment of rent (the total amount of rent, etc. paid is at least 48 million won);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Type 1 (less than KRW 100,000) (No person in special form) [the decision of sentencing] [the decision of sentencing] has no record of criminal punishment against the defendant; the amount of damage; the amount of damage; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be considered and sentenced as ordered.