A defendant shall be punished by imprisonment for not more than ten months.

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 October 30, 2015, the victim C entered into a lease agreement with Korea of social services with BMW car, and it was found that it was related to the disposal of the vehicle by finding the lease successor or returning it to the lease company because it is difficult to cope with the vehicle lease fee up to 3 million won every month.

The Defendant came to know of the fact that a person who was aware of the ordinary level of know while driving a used vehicle is difficult to pay the lease fee, and the victim was in the situation that when returning the leased vehicle to Korea of the Social Services Korea, he would have to bear the depreciation cost of KRW 39 million. On March 2016, the Defendant found the victim’s residence before the victim’s residence in the Pakistan-si, and was entrusted with the duties of succession from the victim of Gangseo-gu Seoul Metropolitan Government by taking over the vehicle from the damaged person, the Defendant would allow the victim to recover the lease and succeed to the lease. The Defendant stated that “If the victim was provided with KRW 29 million, the vehicle would be able to find the lessee and find the passenger.” The Defendant received the delivery of the vehicle from the damaged person and delegated the duties of succession to the lease from the victim.

Since the Defendant was delegated with the duties of transferring the lease from the victim to the victim, even though there was a duty to perform the duties such as finding the lessee of the said BMW vehicle and allowing the lessee to succeed to the lease, the Defendant, in violation of such duties, borrowed KRW 22.5 million from I, a H operator, around May 2016, and arbitrarily transferred the said BMW vehicle to the said I, thereby obtaining economic benefits equivalent to the same amount, and the victim suffered economic benefits, and the amount of the facts charged on the charge is “amount equivalent to the same amount,” but it is difficult to view that the victim suffered the damage as KRW 2.5 million.

The damage suffered by the victim was transferred at will to I who is a third party against the victim's will and became unusable by the victim.