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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 19, 2013, the Defendant entered into a lease agreement between Hyundai Capital Co., Ltd. and ENAS car with the victim Hyundai Capital Co., Ltd. and the ENAS car at the D office located in Seo-gu Daejeon, Seo-gu, Daejeon on July 19, 2013, and received the said NNAS car.
On February 2014, while the Defendant kept the said No.S. car on behalf of the victim, the Defendant arbitrarily transferred the said No.S. car to the bond company with no knowledge of the name before the office of Daejeon, Seo-gu, Daejeon, as a repayment for the debt amount of KRW 10 million.
Accordingly, the Defendant embezzled the ENS car equivalent to 4,3870,000 won at the market price owned by the victim.
2. On September 13, 2013, the Defendant entered into a lease agreement of KRW 1,147,200 per month with respect to the victim JBF Capital Co., Ltd. and FNVS car at the office located in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, and received the said No.S. car.
As above, the Defendant borrowed KRW 10 million from the bond company with no knowledge of the name in front of the H restaurant located in Seo-gu Daejeon around March 2014 while keeping the said NAS car for the victim, and transferred the said car to the bond company at will for the security purpose.
Accordingly, the Defendant embezzled FNAS car equivalent to 55.2 million won at the market price owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and J;
1. Application of each statute on filing of a complaint;
1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of criminal facts;
1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes for Victims JBk Capital Co., Ltd. with heavy judgment) of the Criminal Act among concurrent crimes [the scope of recommending punishment] types 1 (less than 100 million won).