A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 5, 2010, the Defendant entered into a lease agreement stating that “Around July 5, 2010, the Defendant shall have monthly rent of 4,517,600 won (20,000 won: the total estimated amount of payment: 200,000 won) and 60 months for vehicles owned by the victim, and only the lessee shall have the right to benefit from the use of the security interest. If the lessee fails to pay the monthly rent more than twice consecutively, the lessee may terminate the lease agreement and claim the return of the said vehicle.”

While the Defendant kept the said vehicle for the victim company as above, the Defendant did not pay rent of KRW 108,42,400 in total until July 2012, and did not pay the said vehicle, but was notified by the victim of the termination of the lease contract and demanded the return of the said vehicle on September 13, 2012, but embezzled the said vehicle by refusing to return the said vehicle to the victim due to the circumstances, such as borrowing money from the non-filled credit service provider and providing the said vehicle as security.

Summary of Evidence

1. Defendant's legal statement;

1. Part of statement E in the second protocol of interrogation of the accused by the prosecution;

1. The police statement concerning F;

1. Application of a motor vehicle lease contract and an automobile registration certificate statute;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do345