A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 17, 2018, the Defendant was sentenced to eight months of imprisonment for embezzlement at the Seoul Northern District Court (Seoul Northern District Court) and the said judgment became final and conclusive on August 25, 2018.

【Criminal Facts】

On February 27, 2015, the Defendant entered into a lease agreement with Ccheon Agency located in Gangdong-gu Seoul Metropolitan Government on the condition that the Defendant would use the E-car owned by D for 48 months under the condition that the Defendant would pay monthly user fee of KRW 1,440,500 for 48 months, and received the vehicle transferred on the same day.

While the Defendant kept the said car on behalf of the victim, the Defendant borrowed KRW 10,000,000 to the bearers (F) on the same day, and embezzled the said car as security at will.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints, counselling slips, applications for vehicle leasing, guidance on termination of lease and repayment lines;

1. Previous convictions in judgment: A criminal report (verification of suspect's same kind of records) and application of criminal records-related Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act, based on the suspended sentence, has not been recovered from damage caused by the instant crime, etc., is unfavorable to the Defendant, or appears to be contrary to the Defendant’s recognition of and against the instant crime, and that the risk of repeating the crime is not significant. The equity with the case where the Defendant was adjudicated at the same time as the crime of embezzlement for which the sentence was finalized in August, should be taken into account, and other various sentencing conditions as indicated in the records and arguments, including the Defendant’s age, character