The defendant's appeal is dismissed.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant’s crime of this case is an embezzlement of the Defendant’s offering of a vehicle as security by borrowing money from another person, which has concluded a lease contract with the victim.

The value of the embezzled vehicle by the defendant has reached a total of 47 million won, and there are few rent unpaid.

The defendant has a record of criminal punishment on several occasions, including imprisonment with prison labor.

However, the defendant is against himself while committing a crime.

By June 7, 2019, the victim recovered 16 million won out of the unpaid rent until June 7, 2019 through compulsory execution against G, a joint guarantor, and collected 4.4 million won in the trial.

However, the circumstances in which rent of KRW 16 million was recovered by June 7, 2019 were already reflected in the lower court’s determination of punishment (the “unpaid rent of KRW 70 million” as stated in the grounds for sentencing of the lower judgment is the amount obtained by deducting the amount recovered through compulsory execution against G as above), and even if rent was recovered through compulsory execution against G because G was not used by or engaged in a criminal act, it is reasonable to deem that the damage caused by a criminal act was transferred to G. Thus, even if the rent of KRW 44 million was additionally recovered from the lower court, it is difficult to evaluate that the change of circumstances was made to the extent that the change of circumstances was to change the sentencing.

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of recommended sentences in the sentencing guidelines, including the circumstances after the crime.

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the basic area of embezzlement and breach of trust [type 1] below 100 million won [no special person] [the scope of recommendations and recommendations], and imprisonment.