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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On May 29, 2018, the Defendant leased one motor vehicle for the victim B Co., Ltd. (hereinafter “victim”) with the market value equivalent to KRW 177,857,930, which is owned by the victimized Company, at a non-displace, and entered into a motor vehicle lease agreement with the victimized Company to pay the lease amount of KRW 2,849,60 per month, and used it while receiving delivery.

The Defendant, while keeping the said vehicle for the victimized company, did not pay the lease fee from June 1, 2019 to around July 8, 2019, and did not return the said vehicle without justifiable grounds, asserting that “The lease fee that has been paid during the period was notified of the termination of the lease contract by the victimized company, and would restore the lease contract after paying the unpaid lease fee to the victimized company.”

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to peruse the register of automobiles, such as an application for facility leasing, registration certificate, repayment line, scheduled notice of termination of lease contract, certificate of seal impression, etc.;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommended recommendations], the scope of the punishment for embezzlement and misappropriation [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment] - the mitigation scope of punishment or significant damage, and six months to two years.

3. The following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime are revealed in the arguments in this case.