A defendant shall be punished by imprisonment for four 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 October 25, 2017, at the office of the Damage Settlement Bank Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) in the Gangnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant leased Dbenz passenger cars owned by the victim company from October 25, 2017 to October 25, 2020, under the condition that user fees of KRW 1,835,000 shall be paid, and thereafter, the Defendant kept the said passenger car at around that time.

Since September 2018, the Defendant began to fail to pay user fees, and accordingly, on November 2018, the Defendant refused to return the vehicle on the ground that it was required by the victim company to terminate the lease contract and return the benz passenger car. However, the Defendant refused to return the vehicle on the ground that “the vehicle has been paid to the victim company some of the user fees.”

In this respect, the Defendant, while keeping the amount equivalent to KRW 62,90,000 of the benz car market price owned by the victim around November 2018, has refused to return it with the intent to illegally obtain it without any justifiable reason and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the statutes governing content certification;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. The market price of bents and automobiles subject to embezzlement is equivalent to KRW 62,90,000, the defendant appears to have the attitude of recognizing and reflecting the crime of this case, the defendant reached an agreement with the victim, the sum of the user fees paid by the defendant is KRW 1,835,00 (=1,835,000 x 10 months). Other conditions indicated in the arguments of this case, such as the defendant's age, character and behavior, career, motive for the crime, and circumstances after the crime, etc.