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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”) located in Kim Jong-si.
1. At the C office on August 20, 201, the Defendant: (a) leased and used one car (amounting to KRW 22.390,00) on the condition that D Co., Ltd. and D Co. and “F, a member of D Co., Ltd., from August 29, 2011 to August 28, 2014; (b) monthly user fee of KRW 907,50, monthly user fee of KRW 25, monthly; or (c) monthly user fee of KRW 1,00,000 upon termination of the contract and return of the vehicle at least once; and (d) failed to pay monthly user fee from October 20, 2013 to August 28, 2014; and (e) embezzled the said car by refusing to return the vehicle even after having received notification of termination and return of the contract from D Co.,, Ltd.’s employee on March 1, 2014.
2. At the C office on October 29, 2013, the Defendant: (a) leased and used more than six months from October 29, 2013 to April 29, 2014; (b) KRW 800,000 per month from October 29, 2013 to April 29, 2014; (c) one car (G, market price of KRW 2010,00) under the condition that the vehicle will be terminated after the peremptory notice for a certain period of time and returned to the vehicle; and (d) due to the decision of closure of the rehabilitation procedure by the Jeonju District Court on November 22, 2013, the C factory and office located in Kim Jong-si entered the bankruptcy procedure; and (e) the C factory and office located in Kim Jong-si will not pay monthly user fees for the vehicle; and (e) notified the return of the vehicle to the said employee and the said employee’s return of the vehicle to be returned on March 1, 2014.
3. On November 13, 2013, the Defendant, at the new business team office located in Gangnam-gu Seoul Metropolitan Government HD on November 13, 2013, 48 months, monthly user fees from January 2, 2014 to January 1, 2018, 80,000 won, monthly user fees from January 2, 2014 to January 1, 2018, or one-time user fees are not paid.