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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 31, 2017, the Defendant entered into and operated a siren contract with the victim B Co., Ltd. with the content that “from March 31, 2017 to March 31, 2022,” with respect to CK7 vehicles from March 31, 2017, and the payment of rental fees of KRW 630,300 per month between 60 months and 60 months, and did not pay rental fees from May 16, 2020, and requested the return of the said vehicle upon receipt of a notice of termination of the contract from the victim’s around June 16, 2020, the Defendant embezzled the said vehicle at the market price of KRW 30,750,000, which is the victim’s possession, without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A complaint;
1. Application of Acts and subordinate statutes on a certificate of fact of rental contract, vehicle registration ledger, guidance on termination of rental contract, inquiry about history of counseling, and application of the record of claims;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, in consideration of various circumstances, such as methods and contents, amount of damage, vehicle operation period, etc., the return of the vehicle to the victim, the smooth agreement was reached by the defendant, the defendant recognized and reflected the crime, the defendant has no record of punishment exceeding the same criminal record or fine, the defendant has no record of punishment exceeding the same criminal record or fine, and other circumstances, such as the defendant's age, sex behavior, environment, motive and circumstance leading to the crime, and circumstances before and after the crime, which are the sentencing conditions as shown in the records and arguments, shall be determined as the sentence as ordered.