A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 17, 2014, the Defendant entered into a lease agreement between the Victim Capital Co., Ltd. and the Plaintiff with respect to one car for passenger use of the amounting to KRW 66,900,000 in the market value of KRW 36 months, deposit money of KRW 14,325,00, and monthly lease fee of KRW 1,863,30. Accordingly, on September 25, 2015, the Defendant provided the said car as security by borrowing KRW 10,000 from the office of “E” located in the Busan Metropolitan Transportation-TD, Busan Metropolitan City on September 25, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the motor vehicle lease agreement, the scheduled termination of the relevant lease agreement, and the detailed statement of repayment even during the agreement;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Types of Embezzlement] 1 type (less than 100 million won): The mitigated elements of punishment [person who is in charge of special sentencing] : The mitigated elements of punishment [the scope of recommended punishment] from January to October [the scope of recommended punishment] / there is no record of criminal punishment (the determination of sentence] / the confession and reflect of the defendant, the fact that the defendant made a confession, the fact that there is no record of criminal punishment, the fact that there is no record of criminal punishment, and other favorable circumstances, such as the defendant's age, sexual behavior, and circumstances after the crime, etc., shall be determined as per the order.