A defendant shall be punished by imprisonment for six months.

Criminal facts

[criminal power] On September 3, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to fraud, etc. at the Seoul Southern District Court (Seoul Southern District Court). The judgment became final and conclusive on September 12, 2014.

【Criminal Facts】

around December 2012, the Defendant borrowed BMW car in the name of C from the office of “E” in the Defendant’s operation “E” in Ansan-si, Ansan-si, the end of December, 2012, and conspired to raise cash by selling it in the name of “BMW car”.

Accordingly, on December 31, 2012, C entered into a lease agreement with the following terms: “G” located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul; “The victim BMW 520 d motor vehicles shall be determined as lease amounting to 61,02,360 won, monthly lease amounting to 1,581,121 won, and 36 months; and “C shall be the owner of the victim, and it shall be managed as the user of the leased goods, but shall not be sold, disposed, or provided for security purposes, only on January 2, 2013.” Accordingly, the Defendant and C received the said motor vehicle from the GM store located in the Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do, and kept it for the victim, and sold it to I at the same place in Gangnam-gu, Seoul.

Accordingly, the defendant embezzled one car owned by the victim in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement of each police statement to C and J;

1. The application of Acts and subordinate statutes to references to criminal records, investigation reports, investigation records, previous records of dispositions, results of confirmation, and reporting on the results thereof;

1. Articles 355 (1) and 30 of the Criminal Act applicable to the crimes;

1. The reason for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Code that the defendant was issued and kept a high-priced vehicle with his accomplice as an opportunity to lease the vehicle, and disposes of the vehicle to another person, is small the possibility of criticism.