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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant, on November 29, 2012, committed the crime of embezzlement of BWz automobiles, entered into a lease agreement with the victim Hyundai Capital Co., Ltd. on the condition that he/she pay rent of KRW 1,638,900 every month for 36 months at the D office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, under which he/she would pay rent of KRW 68 million at the market price of the victim Hyundai Capital Co., Ltd., and embezzled the said car by arbitrarily offering the said car as security on April 30, 2013.
2. Around February 20, 2013, the Defendant: (a) entered into a lease agreement on the condition that the market price of the victim MWz car owned by Korea Co., Ltd. for 62,222,00,000 won is paid monthly for 44 months; and (b) took over and used the said car; (c) around May 21, 2013, the Defendant borrowed 20,000,000 won to the bond manager at the F hotel coffee shop in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (d) embezzled the said car by arbitrarily offering the said car as security.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement prepared by the police, each written application for automobile lease to J, and the lease contract for automobile facilities;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders: Embezzlement and breach of trust, type 2 (at least 100 million won, less than 500 million won), 8 months to 3 years from the basic area (the sum of profits is increased by one step, and the type is increased by one step, so the lower limit of the scope of sentence is reduced by 1/3) has been embezzled when the Defendant used the instant vehicle in light of assets, business size, and the damage has been recovered by agreement with the victim as set forth in paragraph (1) of the judgment of the Defendant.