A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On December 23, 2015, the Defendant entered into a motor vehicle lease contract under the condition that D's franchise from the victim Ya Liven Co., Ltd. to pay the amount of HG car from January 8, 2016 to January 8, 2020 each month from January 8, 2016, and received the said motor vehicle from the injured party on January 8, 2016.

On May 12, 2016, the Defendant did not pay the rent for the said car from that time, and sent the message from E of the employee of the victim company “on the last two months in arrears.”

At the time of arrears for not less than two months, the contract shall be automatically terminated, but the request for deposit will be made.

“On June 17, 2016, after receiving text messages to the effect that a vehicle lease contract is terminated if a vehicle rental contract is not paid on the same day, the Plaintiff received notice from E as of June 30, 2016, stating that “If a vehicle rental fee is not paid by June 20, 2016, the Plaintiff would return the vehicle, which would have to terminate the contract.” In short, the Plaintiff received notice of the termination of the contract and the return of the vehicle from E as of June 30, 2016 without paying the rent.

Even so, the Defendant embezzled the car equivalent to KRW 27,460,000 due to the Defendant’s failure to return the said vehicle to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written complaint, written confirmation on acceptance of a vehicle, termination of the vehicle, details of overdue interest, details of overdue interest, lease contract of a motor vehicle, text, management place, and statutes of a motor vehicle registration certificate;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Article 62(1) of the mitigated area (one month to ten months) [the person subject to special mitigation] in the mitigated area (the person subject to special mitigation] or in the case where significant damage has been restored [the decision of sentencing] is divided by the defendant, and the victim has returned the vehicle to the victim, and the victim has returned the vehicle.