A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 2016, the Defendant: (a) concluded a car lease contract with respect to CA car equivalent to KRW 39,727,273 of the market price owned by the victim B in Busan, on condition that it would be 860,000 per month; and (b) received the said C car from the victim on condition that the lease period of 48 months would be 48 months; and (c) borrowed KRW 5,00,000,00 from D (one-day name E) that came to know through the Internet to receive the “lease Loan” on the front of a bus terminal located in the city located in macro-si on November 15, 2016 while borrowing KRW 5,00,00 from D (one-day name E) that came to know of the “Lease Vehicle Loan” through the Internet; and (d) embezzled the victim’s property by providing D with the said C car, personal

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Contract documents for a leased vehicle;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court (decision of type) shall be limited to the scope of the recommended punishment according to the sentencing guidelines for the embezzlement and breach of trust [type 1]. The mitigated factors of less than KRW 100 million (specially punished persons]. Where the mitigated factors of punishment are not provided or significant damage has been recovered (the scope of the recommended area and the scope of the recommended punishment), the mitigated area of imprisonment with labor for one month

3. The decision-making process and methods of sentencing, the value of the embezzled leased vehicle, the original agreement is reached with the victim, the fact that there is no record of any other crime except the punishment of a fine once due to fraud, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions provided for in Article 51 of the Criminal Act, such as the circumstances after the crime, and the sentencing guidelines set by the Criminal Procedure Commission, shall be determined as per the order.