A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

On October 28, 2015, the Defendant entered into a lease agreement with the victim at the office of the Dispute Resolution Co., Ltd. in Seoul, Jung-gu, Seoul, with two vehicles (D, E, and E) located in the 12th floor of the building B, with the amount of 60 months of the contract period, 2,421,50 won (each 1,210,750 won) monthly rent, 2,000 won (each 1,210,750 won), and received two vehicles from the injured party under the contract and embezzled the two vehicles for the victim. At his/her own discretion, the Defendant arbitrarily provided the victim with the above E vehicle as collateral, and embezzled the two vehicles of 1,660,000 won in total at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written complaints submitted in G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the total amount of the goods embezzled by the defendant has not yet been restored to the name of KRW 116.6 million) of the Act on the Aggravated Punishment of Concurrent Crimes, a sentence to punish the defendant is inevitable.

However, in light of all the sentencing conditions shown in the trial of this case, including the fact that the defendant is led to confession and reflect, and the defendant does not have the same criminal record, the scope of the recommended punishment according to the sentencing guidelines shall be determined as ordered by the disposition of this case on the grounds of more than one year to three years, and more than two types (one hundred million won to five hundred won) (the basic area).