A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 30, 2014, the Defendant: (a) entered into a lease agreement with the Seoul Gangnam-gu Seoul Branch on one vehicle of the amounting to KRW 73,295,350 of the market price owned by the victim, and received and operated on the same day, and (b) embezzled the said vehicle on January 6, 2016, by failing to comply with the request of the victim for return of the said vehicle on the ground of the unpaid lease payment from the victim to the victim on the ground that it did not comply with the request of the victim on the same day; (c) on the same day, the Defendant embezzled the said vehicle without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on car rental contracts, automobile registration certificates, maximum certificate of return of vehicles, current status of payment unpaid, and terms and conditions of automobile lease;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is the primary offense by the Defendant, and the fact that the instant vehicle was returned to the victim is considered as favorable to the Defendant’s sentencing. The pertinent vehicle’s value and unpaid rent level, Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc. are determined as indicated in the disposition, taking into account various sentencing conditions, such as the following circumstances.