Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 28, 2012, the Defendant entered into an agreement on facility lease (lease) with the victim new capital stock company and the monthly rent of KRW 36 months, and KRW 1,538,448 for the vehicle at the Handok Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk Posk

While the Defendant kept the said vehicle on behalf of the victim company as above, on February 8, 2014, the Defendant refused to return the said vehicle despite the Defendant’s failure to pay monthly rent from around January 8, 2014, on the ground that the Defendant was requested to terminate the lease contract and return the said vehicle.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A reasonable ground exists to refuse to return the vehicle, since the defendant's partial statement was made by a provisional seizure on the real estate owned by the defendant, and the lease fee claims are secured.

However, the reason alleged by the defendant alone does not serve as a basis for refusing a request for return upon termination of the lease contract.

1. Statement made by the police against D;

1. Investigation reports (D counter parties, verification as to whether a person is subject to complaint when refusing to return, etc.);

1. Investigation report (Attachment of post-management report);

1. A report on investigation (a summary of major registered matters) and a certificate of all registered matters;

1. A copy of a contract for the lease of motor vehicle facilities, a copy of the repayment order, a detailed statement of payment, a copy of the peremptory notice for payment in arrears, a copy of the motor vehicle registration ledger, and a copy of the abstract of the motor vehicle registration ledger;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for the reason of Article 334(1) of the Criminal Procedure Act or more of the Criminal Procedure Act (the defendant has already filed the instant automobile.