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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around May 31, 2011, the Defendant entered into a lease agreement with the victim on the condition that the Plaintiff did not perform any act such as returning the said vehicle to the victim or providing the said vehicle to a third party as collateral without the consent of the victim, and received the said vehicle by concluding the lease agreement with the victim on the condition that the lease agreement was concluded with the victim on the condition that the Plaintiff did not perform any act such as providing the said vehicle to the third party as collateral.
On January 2015, the Defendant borrowed KRW 40 million from E in the vicinity of the Northbuk-gu Office located in 225, the Seoul metropolitan area prior to North Korea on the part of the victim, while keeping and using the said car on behalf of the victim, and arbitrarily delivered the said car as security for repayment of the obligation.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the Defendant’s examination record against the Defendant by the prosecutor;
1. Statement made by the police officer on F;
1. Investigation report (to hear and report statements of witnesses);
1. Application of lease contract, terms and conditions, details of payment schedule, and register of automobiles statutes;
1. Article 355 (1) of the Criminal Act applicable to the crime;
1. Selection of a fine for selective punishment (the amount of damage caused by the Defendant’s crime of this case reaches KRW 22,945,151, but the amount of damage caused by the Defendant’s crime of this case reaches KRW 22,945,151, in consideration of the fact that the Defendant’s failure to perform his/her obligation in good faith for 40 months during the lease period has not come to economic difficulties and caused the instant crime
1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;