A defendant shall be punished by imprisonment for four 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 February 23, 2010, the Defendant entered into a lease agreement between the victim's D Co., Ltd. D Co., Ltd. and the victim's D Co., Ltd. at the office of Seocho-gu Seoul Metropolitan Government as the lease fee of KRW 2,285,800 per month, and the lease period of KRW 48 months, and if the lessee violates the obligation to pay the lease fees at one time, the lease agreement was concluded that the lessee may terminate the contract if it is not performed by notifying the lessee to pay the lease fees for a reasonable period, and the said vehicle was delivered.

While the Defendant kept the said car on behalf of the victimized company on September 23, 2013, the Defendant urged the payment of unpaid rent from around that time, and notified the lessee of the cancellation of the lease contract as an wire and text messages, mail, and the demand for the return of the said car from January 8, 2014 to the notification that the lease contract will be terminated and the said car will be returned, but the Defendant rejected the demand and embezzled the said car by an wire and text messages, and by failing to return it.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Pre-announcement of termination, automobile lease agreement, and the register of automobiles (the defendant alleged that there was no criminal intent of embezzlement, but the defendant continued to refuse to return the vehicle of this case (Evidence Nos. 88,105 of the evidence record) without reasonable grounds despite being requested by the victim pursuant to the agreement, the criminal intent of embezzlement is recognized in light of the law applicable to the pre-announcement of termination, automobile lease agreement, and automobile register

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the following reasons for sentencing) is [the scope of recommending sentence] type 1 (100 million won) basic area (4 to 1 year and 4 months), which is not subject to punishment, or where significant damage is recovered / In a case where the method of the number of crimes is extremely poor (the decision of sentencing], the defendant is under the trial of this case for a prolonged period.