Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On April 20, 2016, the Defendant entered into a lease agreement with the victim D Co., Ltd. to pay KRW 1,134,300 per month for 60 months while leasing benz E250 E vehicles from the victim D Co., Ltd.

On November 27, 2017, the Defendant continued to use the said vehicle without returning it, despite the termination of the lease contract and the demand of the injured to return the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to file a complaint-a contract for the lease of motor vehicle facilities, notification of scheduled termination of a lease contract, details of return SPs dispatch of motor vehicles;

1. Article 355 (1) of the Criminal Act and Article 355 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On July 21, 2016, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, was sentenced to a suspended sentence of one year of imprisonment at the Busan District Court for fraud on July 29, 2016, and the judgment became final and conclusive on July 29, 2016, and committed the instant crime during the suspended sentence even during the current grace period.

Until now, the compensation for damages caused by the delay in the repayment of lease fees and the return of the vehicle was not paid, and the victim was not agreed with.

There is a history that criminal punishment has been imposed several times for fraud.

However, taking into account the fact that the Defendant did not dispose of the vehicle in another place, but did not pay rent for about five months, and the vehicle was recovered after delinquency, and reflects the crime, the Defendant’s age, sex, criminal records, and the circumstances after the crime, etc., the Defendant will be sentenced to the same sentence as the order.