A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

[Criminal Power] On March 20, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months at the Ulsan District Court and one year of suspended execution on March 28, 2015, and the above judgment became final and conclusive on March 28, 2015.

【Criminal Facts】

On June 28, 2013, the Defendant entered into a lease contract with the lessee D, period of 60 months, lease fee of 3,612,342 won each month, and 2,605,845 won each month between the lessee and the victim, and received a delivery of the said vehicle, and received a notification from the victim that the said contract will be terminated as of August 18, 2014, and received a return of the said vehicle as of August 18, 2014.

Nevertheless, the Defendant embezzled the said car by rejecting the victim’s demand for return of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. To notify the issuer of the termination of the contract for the Oral lease, the certificate of registration of motor vehicle, or the lease contract;

1. Notice on the receipt of the principal and interest of disposable discrimination and prior cancellation of a facility lease agreement;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and prosecution records (a report on criminal records and investigation records- confirmation of a final judgment of the accused);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Article 62 (1) of the Act on the Suspension of Execution shall be taken into consideration such circumstances as the reason for sentencing [Article 62 (1) of the Criminal Act] Type 1 (1) (100 million won) in the area of mitigation (1 to 10 months) (special mitigation]