A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On December 15, 2013, the Defendant entered into a siren contract with the victim Eranchiscis Co., Ltd. on the amount equivalent to KRW 27120,000,00 in the market price of the passenger car, and the lending period from January 22, 2014 to February 21, 2018, the Defendant decided to pay KRW 80,000,000 in monthly rental expenses.

However, as above, the Defendant did not have the intent or ability to pay the said cost even if he set the car, and was the F representative stated by the Defendant in the new order of a vehicle and was also false in the part that annual income was KRW 60 million.

On December 21, 2013, the Defendant acquired property benefits equivalent to the same amount due to the Defendant’s failure to pay rental fees, etc. from March 1, 2014 to June 2, 2014 when using the said car by delivery from the victim.

2. On December 15, 2013, when the Defendant entered into a siren contract as described in paragraph (1) at C offices located in Sinti City B on December 15, 2013, and did not pay the rental fee, the rental contract may be terminated. In the event that the rental contract is terminated, the Defendant agreed to immediately return the car and received the said car from the victim.

After that, around May 26, 2014 and around June 3, 2014, the Defendant embezzled the said car by failing to comply with the mail, etc., stating that “A car will be immediately returned because a siren is continuously unpaid,” and that “a car will be immediately returned due to the termination of a siren” from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Type 1 (Fraud) of the Reasons for the sentencing of Article 62(1) of the Criminal Act shall be set forth in Article 62(1) of the Act.