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 one year from the date this judgment became final and conclusive.

Punishment of the crime

On November 24, 2016, the Defendant entered into a long-term siren contract with the victim B Co., Ltd. and one vehicle, the victim owned, with a loan of KRW 23,073,346, monthly payment of KRW 483,478, and the lease period of November 24, 2016 to November 23, 2020.

While the Defendant was in custody of the said vehicle in accordance with the above long-term rental contract, from October 14, 2017, the Defendant unpaid monthly payment, and the victim company filed a lawsuit against the Defendant seeking the return of the vehicle due to the termination of the said lease contract with the Chuncheon District Court, which ordered the Defendant to deliver the vehicle.

On April 16, 2018, the Defendant was served with the above judgment and was notified by the employees of the victim company to return the said vehicle, but did not return the vehicle.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Automobile register;

1. Application of the Acts and subordinate statutes to loan specifications, applications for long-term sirens, copies of written judgments, service/final verification sources;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the vehicle is returned and that the agreement is reached with the victim);