A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal history] The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court on October 29, 2015, and is currently pending in the appellate trial.

[2] Around December 14, 2011, the Defendant entered into a car lease contract in the name of the victim Hyundai Capital Co., Ltd. office located in the Seocho-gu Seoul Metropolitan Government 11-gil 36, and received delivery of the amount equivalent to KRW 22,843,00 from the 1st share market price of NN UDD car and retained for the victim, the Defendant arbitrarily transferred the said car to O, a bond company around October 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on P;

1. 장기 렌터카 계약사실 증명원, 자동차 리스 해지 계산서, 리스료 상환 스케쥴

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each investigation report (the fact that the text of the judgment is attached and a separate appellate trial is pending);

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] below KRW 100 million (the type of embezzlement and breach of trust shall be deemed to be without any special sentencing person] (the scope of the recommended punishment and the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment from April to April [the general sentencing person] increased factors: In the case of embezzlement, the reduced factors: the strong reflect.

3. The defendant who made a decision to sentence the crime of this case led to confession and reflect, and the motor vehicle embezzled by the defendant after the crime of this case was returned to the Hyundai Capital Co., Ltd. of the victim is favorable to the defendant.

However, even if a motor vehicle was recovered to the victim, M still bears the obligation to pay lease fees, etc. to Hyundai Capital Co., Ltd. as a party to the motor vehicle lease contract, and theO transferred a motor vehicle from the defendant also suffered damage due to the recovery of the motor vehicle. Therefore, the crime of this case by the defendant is committed.