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.

Punishment of the crime

On May 31, 2013, the Defendant entered into a lease contract with Korea Co., Ltd. and BMW 520d (B) on the condition that the Defendant would pay KRW 36 months of the contract period, monthly lease fees of KRW 1,139,029, and KRW 37,560,000 at the expiration of the lease period, and received the said vehicle.

On October 2014, the Defendant did not pay monthly rent from around October 2014, and received notification of the termination of the contract from the injured party and embezzled the above vehicle equivalent to KRW 62,600,000 in the vehicle price by arbitrarily refusing the return while keeping the said vehicle on behalf of the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the lease agreement and all of the terms and conditions of the lease agreement prepared by the complainant, a statement of deposit, a registration certificate, a peremptory notice proving the termination of the agreement

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act suspended execution (Consideration of a complaint filed by a victim, etc.);