A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 21, 2015, the Defendant entered into a lease agreement with the victim MW320D Co., Ltd. in the name of the said agricultural company in Nam-gu, Nam-gu, Seoul Special Metropolitan City as the C representative director of the agricultural company, with the victim MW320d car owned by the victimized company, with the victim MW320d car in the name of the said agricultural company, and received the said car.

While the Defendant kept the car in custody for the victimized company upon delivery as above, on November 2016, the Defendant embezzled it by arbitrarily transferring the said car, which is equivalent to KRW 44,500,000, the acquisition cost of which is KRW 44,500,000, from the bonds company (one name G) in the non-title of the trade name near the Cheongju Tax Office located in the Cheongju-dong District Office located in 44, Cheongju-gu, Seoul, and then arbitrarily transferring it for the purpose of securing the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A complaint filed by a non-Mable social service Korea Ltd.;

1. A contract certificate;

1. An application for lease or an agreement thereon;

1. Business registration certificate and corporate registry;

1. Application of Acts and subordinate statutes to an investigation report or text message;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the scope of the recommended punishment] Class 1 (the period of less than KRW 100 million) is reduced (one month to ten months) (the period of special mitigation) and the punishment is not reduced, or a significant damage is restored;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The acquisition cost of the embezzled vehicle exceeds 44,500,000 won, and it is against the law, the fact that the victim company has agreed smoothly with the damaged company, the fact that the motor vehicle has been returned to the damaged company, the fact that the motor vehicle has not been subject to punishment other than the minor fine.