A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

In June 2012, the injured party WON Co., Ltd. leased C Benz vehicles with three years of payment period, on condition that deposit of KRW 18 million, monthly rent of KRW 2,781,800, and payment period of KRW 3 years.

On September 2012, the Defendant, at the office of the Maxex Co., Ltd., Ltd., the Defendant, “I would allow the victim company to pay rent in lieu of modern capitals and succeed to the lease, so I would allow the use of enz vehicles to pay rent on behalf of the victim company,” and had the victim company keep the said vehicle after gathering the lease fee from the victim company.

On November 22, 2013, the Defendant embezzled the vehicle rent that was subsequently promised, but the victim did not return the vehicle to the Defendant even though the victim did not pay the vehicle rent.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in the fifth public trial records;

1. A complaint, an automobile registration certificate, and a peremptory notice;

1. Details of monetary transactions between the complainant-suspects;

1. Details of account transactions between the complainant and the complainant;

1. The Schedule to pay rental fees;

1. Respondent-suspects’ text records, and other E-mail of the case;

1. The details of the amount of damage [in light of the fact that the amount of the money that the defendant remitted each time to the victim company is almost identical to the amount equivalent to the lease fee per month, the balance between the victim company's own funds and the F account at the time of remitting each of the above money, and the relationship between the victim company and the defendant, the victim company or F cannot be deemed to have borrowed the money from the defendant each or every other in a small amount of money every month and every other. In full view of the various circumstances recognized by each of the above evidence, the defendant can be recognized as not the loan but the lease fee for the vehicle of this case (the victim company lent the vehicle of this case without compensation, and the defendant lent the vehicle of this case to the victim company.