A defendant shall be punished by imprisonment for six 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 February 28, 2013, the Defendant: (a) concluded a lease agreement with a victim-based employee in the name-confluenz comprehensive financial securities at the global Gangnam-gu, Seocho-gu, Seocho-gu, Seoul, under the condition that the victim-based BMW car in an amount equivalent to KRW 49.2 million at the market price is paid rent of KRW 1,655,400 per month for 36 months; and (b) embezzled the victim’s property by borrowing KRW 22,00,000 from C at the place in the Seocheon-si, Seocho-gu, Seoul; and (c) embezzled the victim’s property by borrowing KRW 2,20,000 from C on July 15, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E and C;

1. A contract for automobile facility leasing and an agreement for automobile lease;

1. Application of registration certificate-B Acts and subordinate statutes;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of applicable sentencing under law] The reasons for the sentencing [the scope of applicable sentencing under Article 62(1) of the Criminal Act] shall be from one month to five years [the scope of applicable sentencing guidelines]: the crime of embezzlement and breach of trust, the first type (less than 100 million won): the recommended range of punishment and the scope of recommended sentencing: the mitigated area; the crime of embezzlement and breach of trust; the crime of embezzlement and breach of trust; the first type (less than 100 million won): the mitigated area; the imprisonment with prison labor for not less than one month but not more than ten months; the crime of embezzlement of vehicles worth KRW 50,000,000

However, it is against the defendant's recognition of the crime, and the defendant committed a crime of approximately KRW 20 million with lease fees after paying to the victim. After committing the crime, the vehicle was returned to the victim, and the defendant's age, character and conduct, environment, motive and circumstances after committing the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, motive and circumstance after committing the crime