1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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

The defendant is the former director of the company B.

On August 26, 2015, the Defendant: (a) entered into an operating lease contract with the victim KF Capital Co., Ltd. (hereinafter “Cub Capital”); (b) and (c) Csch ls LS 460 car in the name of B; (c) borrowed gambling money from the person in an infinite or lower name on January 26, 2016 from the person in an infinite or lower name; and (d) provided the above CF car as security.

On November 2016, the Defendant: (a) handed-on distribution along the following routes; (b) finally confirmed the location of the Defendant’s car, which was in possession of the victim D; and (c) had the victim’s car taken to bring the Defendant’s car.

Accordingly, around 03:10 on November 4, 2016, the Defendant intruded into the second floor parking lot underground of the building located in Gangseo-gu Seoul Metropolitan Government, 68-Do, 33, 101 apartment houses, which are located in Gangseo-gu, Gangseo-gu, Seoul, and led the towing vehicle E to a towing vehicle engineer who is not aware of the fact that the victim's market value is at least 65 million won in possession.

Accordingly, the Defendant invaded upon a structure at night, and stolen another’s property as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the same Act) provides for the following cases: (a) a vehicle that the Defendant operated under lease is aware of the fact that the vehicle is located in the apartment parking lot of the possessor’s apartment.

Considering that the Defendant continued to pay rent even during the period in which the Defendant was unable to operate the vehicle, that the victim is not acquiring the vehicle in a usual way, and that the Defendant recognized his mistake, etc.

1. The community service order under Article 62-2 of the Criminal Act;