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 December 14, 2011, the Defendant purchased a secondhand car E in the used cars trading company of the trade name “D” located in Busan Metropolitan Government Dabu-gu, with a loan of KRW 41,704,913 from the victim Non-MMbfet Korea (State) and the said car is owned by the victim. The Defendant paid KRW 610,579 each month to the victim two times as lease fees, and the Defendant paid KRW 37,440,00 for the remaining value of the said car remaining after the lease fees. If the Defendant did not pay the remaining value, he/she entered into a lease agreement to return the said car.

After that, the Defendant paid KRW 12,211,587 to the victim on 22 occasions as lease fees. However, while the Defendant was in custody of the victim in order to return the said vehicle to the victim by lump-sum payment or by leasing the remaining value of the said vehicle, the Defendant embezzled the said vehicle by providing F (Ga), a bond business operator in the center of Busan Metropolitan City, as of August 6, 2013, as of August 6, 2013, for the purpose of borrowing KRW 18,000,000,000,000,000 won, which is the remaining value of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (report on attachment of additional data related to a lease agreement);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do110, Jan. 1, 2