A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 9, 2012, the Defendant, at C Hospital operated by the Defendant located in Busan Shipping Daegu Building 504, entered into a car operating lease agreement with the victim D Co., Ltd. and “Aridi A83.0.0, vehicle price: 143,400,000, deposit price: 15,309,000, contract period: 36 months, and monthly rent: 4,077,571 won,” and received the vehicle operating lease agreement.

The Defendant, as seen above, embezzled a car of KRW 143,400,000 at its own discretion by borrowing KRW 60,000 from H at “G” coffee shop located in Busan Shipping Daegu F on June 2012, and offered the said car as security, and embezzled the car of KRW 143,40,000 at its market price.

2. On June 25, 2012, the Defendant entered into a motor vehicle operation lease agreement with the victim and the victim by stating that “I, who is an employee of the victim D Co., Ltd., in the foregoing C Hospital, “I will use the vehicle by leasing and using the vehicle at home A83.0.0. The rent will be paid without problem.” The lease agreement was concluded on the motor vehicle operation lease agreement with the victim and “I” with the victim: A.I. 143,40,000 won: 30,613,000 won: 36 months: 3,957,510 won.”

However, in fact, it was planned to borrow money by providing it as security to other persons without the intention to operate the leased vehicle, and there was no intention or ability to pay monthly rent for the debt amounting to approximately KRW 1.3 billion at the time.

The Defendant, by deceiving the victim as such, received from the victim the Jidi A8 car equivalent to KRW 143,400,000 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Application of the Acts and subordinate statutes of each agreement on vehicle operation lease;

1. Relevant Articles 347(1) and 355(1) of the Criminal Act concerning the crime and the choice of imprisonment with prison labor for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.