A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On July 12, 2013, the Defendant entered into a lease agreement with the employee of the victim's filial capital and the employee of the victim's AUDI A73.0 TPP 87,220,000 market price, under the name of D, and agreed to pay KRW 1,943,00 per month to the company operated by the Defendant for 44 months, and agreed to receive KRW 1,943,00 per month for 44 months, while the above vehicle was operated by E and was kept in custody for the victim, the Defendant received a loan from E and the above vehicle as security, and provided it as security and disposed of at will on June 2014.

In collusion with E, the Defendant embezzled KRW 87,220,00 at the market price of one vehicle owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Written complaint (including attached vehicle lease contract, notification of termination of lease contract, etc.);

1. Application of statutes on deposit status by contract;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. Facts recognized, etc.;

A. Comprehensively taking account of the above evidence duly adopted and examined by this court, the following facts can be acknowledged:

1) The Defendant and E concluded a lease contract under the name of (ju) company operated by the Defendant from the victim and agreed to lease a motor vehicle, but the actual use of the motor vehicle is E. (2) pursuant to the aforementioned agreement, the Defendant entered into a lease contract with the victim under the name of (ju) D on July 12, 2013 on one of the instant motor vehicles owned by the victim (hereinafter “instant motor vehicle”).

3 Since the conclusion of the instant lease contract, E actually operated the instant motor vehicle delivered by the victim. From January 2014 to January 2014

2. The payment of rent and business funds to the defendant around that time.