A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 16, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court on September 14, 2013, and the judgment became final and conclusive on September 14, 2013.

On August 14, 2006, the Defendant entered into a facility lease agreement with the victim Hyundai Capital Capital Co., Ltd. at the 9th floor of Hyundai Cuba-dong 42-9 (U.S.) of Hyundai Cuba-dong 42-9 (S.) with respect to the said Euba-gu car owned by the victim, and received a delivery of the said Euba car, and received a notification that the contract for facility lease was terminated as of November 26, 2007 on the ground of the unpaid rental fee, and received a return of the said Euba-gu car as of November 26, 2007.

Nevertheless, the defendant has embezzled the victim's demand for return of the above Ecuas car by rejecting such demand.

Summary of Evidence

1. Partial entry of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Each investigation report (the telephone conversation between the complainant and his agent C);

1. A complaint;

1. A contract for automobile facility leasing;

1. Requesting the return of a leased vehicle;

1. Previous convictions: Application of respective Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;