Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

피고인은 2014. 3. 27. 피고인이 운영하는 경기도 군포시 B, 101동 403호 ‘C’ 사무실에서, 피해자 SK 네트 웍스( 주) 와 사이에 피해자 소유인 시가 26,100,000원 상당의 D K7 승용차를 월 임대료( 렌 탈료) 664,000원에 2014. 4. 11.부터 2018. 4. 10.까지 장기 임대하기로 하는 내용의 자동차 대여 계약을 체결하고 위 일 시경 위 승용차를 인도 받아 피해자를 위해 보관하게 되었다.

Meanwhile, on the other hand, the Defendant unpaid monthly rent agreed from around June 25, 2015, and as a result, around November 9, 2015, the Defendant was notified of the fact that the said car rental contract was terminated by October 31, 2015 from the creditor management team of the victim company on the ground that the rent was unpaid, and at the same time requested to return the said vehicle by November 13, 2015, the Defendant refused to return the said vehicle without justifiable grounds.

Accordingly, while the defendant kept another's property, he has refused to return it and embezzled it.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A criminal investigation report (a document appended to an agent for criminal complaint);

1. Application of Acts and subordinate statutes to filing a complaint and a seizure protocol;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the victim has already received the vehicle for the reasons of sentencing in the Nowon Station’s detention, there is no record of criminal punishment for the same kind of power to the defendant, damage of the vehicle is being done by the injured person in civil procedure, and the degree of criminal punishment in the same case, shall be determined as ordered in consideration of the sentencing conditions set forth in the trial of the same case.