A defendant shall be punished by imprisonment for six months.

Punishment of the crime

around July 10, 2017, the Defendant entered into a contract for automobile facility leasing (lease) with the victim C Co., Ltd. for the said passenger vehicle at Ulsan-gu B, Ulsan-gu, with “39 months of lease, 078,100 won per month of lease,” and around that time, the Defendant was using the said passenger vehicle with delivery, and was notified by the victimized Co., Ltd of the termination of the said automobile facility leasing contract through text messages on August 10, 2018 and was required to return the said passenger vehicle, but continued to use the said vehicle without avoiding contact with the victimized Co., Ltd. and without returning the said vehicle.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application for lease contract, notification of termination of lease contract, register of automobiles and application of Acts and subordinate statutes for report on investigation (verification as to whether damaged goods are returned);

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of embezzlement and breach of trust [type 1]. The scope of embezzlement and breach of trust shall be limited to less than KRW 100 million [no special person] (the scope of recommendations and recommendations]. The basic area of recommendation and the scope of recommendations], four months through one year and four months.

3. Determination of sentence: The Defendant’s age, character and conduct, motive and background of the crime in this case, which is highly likely to be subject to criticism, the Defendant did not have agreed with the victim until now, and no measure was taken to recover the damage by returning leased vehicles or paying overdue rental fees; the Defendant was investigated on April 17, 2019 at the end of the detection investigation, while the Defendant avoided contact from the police investigation and was investigated into the suspect on April 17, 2019. However, since the whereabouts have been unknown thereafter, the contact with the investigation agency and the court has been interrupted.