A defendant shall be punished by imprisonment for four months.

Punishment of the crime

피고인은 2014. 1. 6. 경 경기 가평군 B에 있는 상호 불상 커피숍에서 피해자 에스케이 네트 웍스 주식회사 담당자와 ‘ 피해자 소유의 C 그 랜 져 HG 승용차( 차량 가액 31,900,000원 )에 대해 2014. 1. 27.부터 2018. 1. 26.까지 48개월 동안 매달 781,000원의 렌트료를 납입하여야 하나, 연속 2회 연 체시 계약을 해지한 후 차량을 반납’ 하는 조건으로 차량 렌트 계약을 체결하고 위 승용차를 인도 받아 보관하게 되었다.

From October 10, 2014, the Defendant did not return the said vehicle even though he/she received a request for returning the said vehicle from the victim company claim management team staff on several occasions on February 2, 2015 due to the termination of the siren contract as of January 22, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Original Register of Automobile Registration;

1. Complaint;

1. A motor vehicle rental contract;

1. Each content-certified mail;

1. Application of each text message statute;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for the sentencing of selective sentence of imprisonment [the scope of recommending punishment] Type 1 (4) (4 months to 100 million won) in the basic area (4 months) [no person subject to special sentencing] [decision of sentence]: The circumstances favorable to the defendant: the confession of a crime by an investigative agency; there is no criminal record; the above vehicle appears to have been returned to the victim company after arrest on December 6, 2016; the above vehicle appears to have been returned to the victim company: Not agreed with the victim company; the defendant's age, family relation, and circumstances leading to the crime; and other unfavorable circumstances such as the defendant's additional damage to the victim company; the defendant's age, family relation, and the crime are sentenced to imprisonment for at least four months. It is so decided as per Disposition.