A defendant shall be punished by imprisonment for not less than eight 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

1. Around February 1, 2013, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. and DK9 car (total lease fee equivalent to 8,1430,000 won) at the vehicle C agency in Yeonsu-gu Incheon, Yeonsu-gu.

While the Defendant kept the said car for the victim, on February 2014, borrowed KRW 17 million from the person who was absent from his name, and embezzled the said car by providing it as security.

2. Around May 31, 2013, the Defendant entered into a lease agreement with the said victim on the E-wing and cargo vehicle (total lease fee of 24 million won) at the said C-agency.

While the Defendant was kept in custody for the victim, the Defendant refused to pay the leased fee on several occasions from April 201 to May 5, 2014 and embezzled the vehicle despite the victim’s demand to terminate the lease contract and to return the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. A complaint;

1. Application of the Acts and subordinate statutes to counseling cards, applications for lease, registration certificates, and guidance for termination of lease contracts;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) recognizes and reflects the instant crime, and there is no previous convictions, and on April 14, 2015, the fact that the Defendant agreed with the victim on April 14, 2015 is more favorable, and the fact that the quality of the instant crime is not good, such as embezzlement of automobiles under the custody of a lease agreement, shall be considered disadvantageously, and the punishment shall be determined as ordered in light of the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.