A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around November 1, 2012, the Defendant entered into a lease agreement on the condition that the Defendant would pay KRW 2,647,300 per month to the FF owned by the Hyundai Capital Capital Co., Ltd., the damaged party using the name of the E Co., Ltd., the Defendant used the name of his/her representative, and was in custody for the injured party upon delivery of the said vehicle. On September 2, 2015, the Defendant embezzled the said vehicle by failing to return it even if he/she received a notice of termination of the lease agreement from the injured party on the ground that the lease fee was overdue, and at the same time received the return of the said vehicle from the injured party on September 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the register of motor vehicle registration);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing guidelines are applied [the scope of the recommended punishment] Type 1 (the range of less than KRW 100 million) in the mitigation area (one month to ten months) (the person who has been specially mitigated] in the mitigation area, or where a significant damage has been restored;

2. The sentence of sentence has been rendered by the defendant with the amount equivalent to KRW 95 million for the victim with the lease fee and the lease deposit. Since then, the vehicle has been returned to the victim, the victim and the victim have agreed smoothly, the defendant has no record of punishment exceeding the fine, and the defendant's age, occupation, sex, environment, circumstances before and after the crime of this case, etc., and all of the sentencing conditions recorded in the records shall be determined as the sentence of this case.