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 April 10, 2014, the Defendant entered into a lease agreement on the condition that the Defendant would pay KRW 123,879,370 on the leased contract amount with the victim C, EMW640, and monthly lease fee of KRW 2,66,00 for 48 months, and received the said vehicle.

On September 24, 2014, while the defendant kept the above vehicle on behalf of the victim, the defendant was notified of the termination of the lease contract and the return of the vehicle on the grounds of overdue rent, but the defendant refused the return of the above vehicle without justifiable grounds and embezzled the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of automobile lease contract and a copy of business registration certificate;

1. Cancellation of each lease agreement and notification of the return of a vehicle;

1. Application of statutes on a copy of motor vehicle registration certificate;

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

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Supreme Court Decision 201Do1448, Apr. 20, 2015; Supreme Court Decision 201Do1199, Apr. 20, 2015)