A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 21, 2014, the Defendant entered into a contract for the lease of the automobile facilities (lease) with the victim’s automobile in the C store located in Suwon-gu, Busan, with the victim’s Republic of Korea (ju) for the social service amounting to KRW 175,527,00 in the amount of KRW 175,527,00,00 owned by the victim, and paid the lease fee of KRW 2,753,220 every 60 times from May 21, 2014 to 60 times, and then terminated the contract and filed a claim for the return of the said automobile in arrears on two occasions, and used and stored the said automobile owned by the victim.

From May 2015 to around 12, 2015, the Defendant paid the lease fee of KRW 136,596,224 in total, and neglected to pay the lease fee of KRW 136,59,224 on at least two occasions on July 21, 2015, and the said contract was terminated. From around that time to October 2015, the Defendant refused to return the said vehicle without justifiable grounds even though the Defendant was demanded to return it from the damaged person on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of documents submitted by a complainant);

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

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Type 2 (10 million won to be less than 500 million won) (1 to 3 years) basic area (1 to 500 million won) / [Judgment of sentencing person] / The defendant has the record of being punished several times for the same and different types of crimes, and the defendant returns the above motor vehicle to the victim at a disadvantage and late time, etc.