A defendant shall be punished by imprisonment for six months.

except 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 July 19, 2011, the Defendant entered into a lease agreement with the victim Non-MW 520D car owned by the victim in Gangnam-gu Seoul on condition of the monthly lease fee of 955,267 won and the agreed period of 60 months.

While the Defendant kept the said car on behalf of the victim in accordance with the above lease contract, on February 28, 2014, the Defendant rejected the demand of the victim to return the said car on several occasions even though he/she did not have the right to occupy the said car no longer than after the lease contract was lawfully terminated on the ground of the delayed payment of rent.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the F;

1. A complaint;

1. Application of a copy of lease contract, a copy of standard terms and conditions of financial lease contract, a copy of registration certificate, and a copy of verification of contents;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] Article 62 (1) of the Criminal Act, considering the following factors: (a) the mitigation area (one month to ten months) [special mitigation] (decision of sentence] reflects the decision of sentence, agreement, the same kind of criminal record and the fact that there is no criminal record of suspended sentence or more;