A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 22, 2013, the Defendant entered into a lease agreement that lends a passenger car of 62,300,000 won at the market price from Korea Co., Ltd. of Yeonsu-gu Incheon, Yeonsu-gu, 1301 and 3003, for 60 months from November 22, 2013.

While the Defendant kept the said car on behalf of the victim, he did not pay the lease fee from December 25, 2014, and received a request from the victim to return the said car, the Defendant borrowed KRW 20 million to D on January 2015 without justifiable grounds, and delivered it as a debt security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to filing a complaint, motor vehicle registration certificate, facility leasing contract, guidance on details of settlement, notification scheduled to terminate a contract, and application of each investigative report;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] Article 62(1) of the Act on the Suspension of Execution [the scope of recommending sentence] Article 1 of the Act on the Suspension of Execution (10 million won or less] Article 1 of the Act on the Suspension of Punishment (10 million won or less), Article 1 of the Act on the Suspension of Punishment (10 million won or more), where the mitigation area (1