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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Records] On July 15, 2015, the Defendant was sentenced to eight months of imprisonment for embezzlement at the Seoul Central District Court, and the judgment became final and conclusive on the 23th of the same month.
[2015 Highest 576]
1. On January 25, 2014, the Defendant entered into a passenger car lease agreement with F employees and the social company, at the E office located on the Daejeon U.S. D2, to lease a car amounting to approximately KRW 61,90,000 for monthly rent of KRW 1,429,000 in the market price owned by the Defendant, and operated and stored the said car. On March 2014, the Defendant borrowed KRW 15,000,000 from the lending company, “SPF loan” around March 201, and then transferred the said car to the employees of the said lending company at a location of not more than 1,90,000 in Gangnam-gu, Seoul.
Accordingly, the defendant embezzled the above car owned by the victim.
[2016 order 3]
2. On November 12, 2013, the Defendant purchased IK9 vehicles from H agencies located in Yangcheon-gu Seoul Metropolitan Government, and decided to pay 1,086,470 won per month to the victim company from the said H agency to the business employees in the name of the victim company from the said H agency, and paid 55 million won as the funds to purchase the vehicle, and the victim set up a collateral security on the said vehicle.
Afterward, the Defendant attempted to execute an order for the delivery of a motor vehicle at the Defendant’s residence located in Suwon District Court around May 27, 2015, upon receiving an order for the delivery of a motor vehicle from the victim company to repay KRW 3,286,260 until February 15, 2014 and to pay the remainder of the loans from the victim company to pay the remainder of the loans. However, the Defendant did not conceal the said motor vehicle and deliver the motor vehicle.
Accordingly, the Defendant concealed the Defendant’s automobile, which was the object of the victim’s mortgage, and interfered with the victim’s exercise of rights.
Summary of Evidence
[2015 Highest 576]
1. Statement by the defendant in court;
1. Statement of each police statement with respect to L;