A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 10, 2011, the Defendant was sentenced to one year and six months of imprisonment for perjury, etc. at the Incheon District Court, and the judgment became final and conclusive on February 10, 2012, and completed the execution of the sentence on December 6, 2012. On November 7, 2014, the same court was sentenced to two years of suspension of execution on August 2, 2015 on the grounds of the charge of forging private documents, etc.

On January 25, 2013, the Defendant delivered to E a company that is a company run by a party to G under the name of G F, G, G, FX 35 vehicles, and paid the lease fee, vehicle insurance premium, etc. in the face of the State in good faith.

“Around that time, E is required to enter into a lease agreement with Korea (State) for the foregoing vehicle under the name of Korea (State) for social services rendered by Alcia, a leasing company, to obtain delivery of a vehicle of 7,1380,000 won at the market price, while being kept in custody for the victim company.

3. Around 20.20. Around Yongsan-gu Seoul Special Metropolitan City, borrowed 20,000,000 won to a non-name-based bond business operator and provided the above vehicle to him/her at his/her own discretion and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Lease agreement;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (report on repeated crime and confirmation of the date of release), application of Acts and subordinate statutes to the prosecution of the accused to the prosecution;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to the crimes above and the crime of forging private documents, etc. for which judgment has become final and conclusive);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million) basic area (from April to January 1) (no person subject to special sentencing)

2. The Defendant, who was sentenced to sentence, committed the instant crime during the period of repeated crime, did not recover the vehicle, and filed a complaint on the instant case, and continued to pay the lease cost.