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 June 17, 2016, the Defendant was sentenced to imprisonment with prison labor for 10 months in the Gwangju District Court's Netcheon Branch, and the judgment became final and conclusive on June 25, 2016.

Around February 25, 2013, the Defendant entered into a lease contract with the KB Capital Co., Ltd. and CWS car to pay monthly rent of KRW 1,032,500 for 36 months for the said vehicle, and kept the said vehicle for the victim by delivery. On February 25, 2015, the Defendant was notified of the termination of the said contract on the part of the victim on February 25, 2016, and embezzled the said vehicle without any justifiable reason even though the said lease contract expired on or around February 25, 2016, by failing to return the said vehicle at approximately KRW 22,00,000 at the market price without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. An agreement on vehicle lease, and the terms of redemption of principal and interest;

1. Terms and conditions of lease and advice for the scheduled termination of each lease agreement;

1. Previous convictions: Application of Acts and subordinate statutes, such as a report on the results of confirmation of the previous convictions of disposition and a written judgment (Seoul District Court Decision 2014 High Court Decision 1181);

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

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act and Article 59(1) main sentence of the Act on the Protection, Observation, etc. is to recognize the instant crime, and the injured party does not want the punishment of the Defendant by mutual consent with the injured party.

On the other hand, in the relationship between fraud for which judgment has become final and conclusive and the concurrent crimes after Article 37 of the Criminal Act, the case of judgment and equity should be taken into account at the same time with each of these crimes.

The punishment for the prevention of recidivism shall be determined in consideration of such circumstances, the military records of the accused, the circumstances of the crimes, and other various sentencing conditions.