A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 31, 2015, the Defendant entered into a management lease agreement for BM W 420d xDr's car owned by the victim under the condition that “vehicle price is KRW 53,100,000, monthly rent is KRW 36 months, monthly rent is KRW 845,978,” etc., and embezzled the said car as collateral at D near Gwangju City, around August 2016, the Defendant provided it with a loan of KRW 30,000,000, KRW 53,100,000, which is the victim’s ownership, and kept for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Complaint;

1. Application of contract confirmation documents and Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1149, Jun. 1, 201)