A defendant shall be punished by imprisonment for not less than eight 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 November 20, 2013, the Defendant shall immediately return the vehicle to the victim E and the Fent vehicle, “F strawing vehicle,” which is an employee of the Libera Co., Ltd., monthly user fee of KRW 632,00, the lease period of KRW 48 months, the lease period of KRW 48 months, and the user fee of KRW 1,00.

“Subject to the condition that the vehicle lease contract was entered into in G name.”

On June 13, 2014, the Defendant did not pay from the usage fees on April 5, 2014 while receiving and using the above low-priced vehicle pursuant to the above vehicle rental contract, and was requested to terminate the vehicle rental contract from the injured party and return the said vehicle.

Nevertheless, the defendant refused to return the above low-priced vehicle in custody for the victim and embezzled the amount equivalent to KRW 2,4320,000 at the time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes certifying the details of return of motor vehicles to a complaint, motor vehicle registration certificate, new order for a vehicle, long-term vehicle lease contract, materials related to vehicle siren, and vehicle;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation [the scope of recommendation] No person who has no basic area (from April to April 1) (the period of special sentencing is less than 100 million won) [decision of sentencing] [the degree of damage to the victim's property], the degree of damage to the victim's property is not significant, and the damage is not recovered. On the other hand, the defendant committed the crime in this case while committing the crime in this case, his mistake is divided, and the state of health is significantly aggravated, and there is no previous conviction, and monthly rent has been paid from the conclusion of the vehicle lease contract to March 2014, and all other conditions of sentencing, such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, means and result, and the circumstances after the crime, etc.