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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On May 27, 2015, the Defendant’s embezzlement (hereinafter “2016 senior 663”) lodged an appeal after being sentenced to a suspended sentence of two years in November due to a crime of fraud, etc. at the Jung-gu District Court, which was pending in the appellate trial on May 27, 2015.
On July 16, 2013, the Defendant entered into a car lease agreement with the effect that “The principal of lease shall be paid in KRW 44,090,90,900 per month for 36 months,” and received the said car from the P Office located in Seongbuk-gu, Seongbuk-si, Sung-si.
On May 28, 2015, the Defendant embezzled the said car in custody due to the Defendant’s failure to pay the lease fee and the Defendant’s failure to return the said car even after the Defendant demanded the termination of the lease contract and the return of the car.
2. Fraud (hereinafter “2016 Height 787”), on June 5, 2014, the Defendant: (a) borrowed R 30 million won from the victim S; and (b) provided Hcller vehicles managed by the Defendant as security to the victim.
After that, on September 24, 2014, the Defendant would pay 30 million won to the victim in the sales office of the L building located in K as security until October 10, 2014, in addition to 10% until October 20, 2014 if he/she fails to make any change, and if he/she fails to do so, he/she would be deemed to have fully paid the sales price for the said L building 609, and will transfer ownership.
“A false statement” was made.
However, in fact, the Defendant is a bad credit holder, and the said vehicle was financed by 52.4 million won by vehicle installments from Korea (State) and was planned to offer the mortgaged vehicle as security to a third party. The Defendant had a provisional attachment of the maximum amount of the claim amount of KRW 1,556,00,000 for the above officetels, and the vehicle was returned to the victim because there was no particular property.