A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, in collusion with the defendant-friendly job offering C, leased a vehicle in the name of C, and sold the vehicle to another person to receive money.

On August 5, 2016, the Defendant: (a) entered into a lease contract with the victim’s “BMW Korea Social Co., Ltd.” (hereinafter “F site”) with respect to the EMW vehicle in the amount of KRW 68,200,000 at the market price of the victim’s “BMW Korea Co., Ltd”; and (b) entered into the said lease contract with the victim for the rent of KRW 1,200,016 and the installment period of KRW 60 months in the said C name; and (c) again received the said vehicle from the injured party and stored the said vehicle for the victim; (d) was connected to the F site on October 18, 2016 and embezzled the said vehicle in order to sell the said vehicle at KRW 18,00,000,000 to the “F site”; (c) on the same day, the Defendant did not arrest the police officer reported the said vehicle at H located in Busan-si.

Accordingly, the Defendant conspiredd with C to embezzlement the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of Acts and subordinate statutes of the motor vehicle trade contract, estimates, and the ledger of motor vehicle registration;

1. Relevant Article of the Criminal Act and Articles 359, 355 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined in full view of various sentencing conditions shown in the records and arguments of this case, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

Unfavorable circumstances: the Defendant was unable to receive a letter from the injured party.

The value of the vehicle involved in the attempted embezzlement is reasonable.

On May 9, 2014, the Defendant was sentenced to a suspended sentence of two years for the crime of forging private documents at the Daegu District Court on August 9, 201, and the said judgment was rendered around that time.