[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On October 2012, the Defendants established a remodeling company and established a remodeling company under the name of Defendant A at that time. On December 11, 2013, the Defendants concluded a lease agreement with the victim E Co., Ltd. and the said C Co., Ltd. to use a vehicle with respect to the operation of the said C Co., Ltd. at the D Co., Ltd. office located in Gangnam-gu Seoul, with a view to using a vehicle, for the amounting to 1,198,200 won per month and 48 months per lease period.

When the Defendants entered into a lease agreement with the victim company and used the above leased vehicle for the management of the company, and stored the above vehicle for the victim company, the Defendants offered the instant vehicle as collateral to the bonds company with no name-based loans and received money from the loan company office located in the original city around March 2014, and received the amount equivalent to KRW 62,30,000,00 from the bond company as collateral at will from the loan company office located in the original city around March 2014.

Accordingly, the Defendants conspired and embezzled the property owned by the victim company.

Summary of Evidence

1. Statement made by the defendant A in the second protocol of trial;

1. Each prosecutor's protocol of examination of the defendant B;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a lease agreement, mandatory termination of a lease agreement, notification of the return of leased articles, and the register of automobiles;

1. Relevant Articles 355(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below KRW 100 million [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, imprisonment with labor from April to April 14 months;

2. Defendant A recognized the facts charged of this case.