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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2014 Highest 4608"
1. On August 13, 2013, the Defendant entered into a lease agreement with the victim (ju) free capital and the lease agreement (period of 60 months, monthly lease amount of 2,931,300 won) in the course of leasing the said vehicle owned by the victim at the office of “C” located in Seongbuk-gu Seoul Metropolitan City, Seongbuk-gu, Seongbuk-gu, Gyeonggi-do, with the amount equivalent to KRW 135,60,00,000 at the market price, and embezzled the said vehicle by providing the delivery trader on the non-name deposit with the creditor of the said vehicle as collateral on the non-name deposit on March 2014.
2. On November 8, 2013, the Defendant entered into a lease agreement with the victim(s) in the process of leasing the EOSXF vehicle equivalent to KRW 75,500,000 at the market price at the place under the above paragraph (1) and embezzled the said vehicle by providing the F, a supplier, with the above vehicle as collateral on March 2014, while receiving the said vehicle owned by the victim and keeping it for the victim.
"2015 Highest 2638"
1. On January 17, 2014, the Defendant, as the representative director of G Co., Ltd., a electrical construction company, filed an application for a loan of KRW 52 million with respect to the automobile purchase fund, subject to “the loan interest rate of KRW 15.9%, the loan period of KRW 48 months, monthly payment of KRW 1,471,03, the equal repayment of the principal and interest on the repayment method, and the establishment of mortgage of KRW 36,40,000,00,000,” on the condition that the Defendant provided the above cargo to the employees of the victim Hyundai Social Office in the fourth floor in the 13th floor of the Seo-gu Seoul Seo-gu Seoul Western Social Co., Ltd., Ltd., which was located in the fourth floor of the 13th floor of the 4th floor of the 13th unit social building, as collateral
However, in fact, the Defendant extended a loan from the victim in a situation where it is difficult for the Defendant to normally operate the above company, such as the Defendant’s debt amounting to KRW 50 million, and there was a considerable amount of KRW 5 million every month from October 2013 to KRW 5 million.