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 May 27, 2013, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. (hereinafter referred to as “D”) on the leased amount of KRW 35,480,00, monthly rent of KRW 789,700, and the lease period of KRW 48 months at the agency located in Gwanak-gu Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) on May 27, 201, and received the said car from the victim around that time.

In concluding the above lease agreement, the Defendant and the victim agreed to the effect that “the ownership of the leased motor vehicle is owned by the financial company, and the customer has the right to use the motor vehicle only, and the financial company may terminate the contract and claim the return of the motor vehicle if the customer delays the rent on at least two consecutive occasions per month.” Thus, during the lease period, the victimized person has the ownership of the motor vehicle.

On May 5, 2015, the Defendant: (a) around July 13, 2015, when the Defendant kept a vehicle for the victim; (b) from around May 5, 2015, the victim did not pay the agreed rent to the victim; (c) notified the Defendant that the said lease contract should be terminated; and (d) requested the Defendant

While the Defendant refused to return the said vehicle without any justifiable reason despite having received the above demand from the injured party for return of the said vehicle, the Defendant borrowed KRW 7 million from E in October 2015, and he arbitrarily delivered the said vehicle as a collateral and embezzled the said vehicle with the market value of KRW 35,480,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to a motor vehicle lease agreement, a summary statement, payment details, and notification of termination of lease;

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

1. Although the criminal liability is not minor in light of the fact that the defendant refused to return the leased vehicle for the reason of sentencing under Article 62(1) of the Criminal Act and provided it as security to others, the defendant returned the vehicle to the victim, and then the agreement with the victim is reached.