A defendant shall be punished by imprisonment for not less than eight months.

However, 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 29, 2010, the Defendant entered into a lease agreement with the victim Non-MW 523i f10 automobiles owned by the victim at the C exhibition center located in Seongbuk-gu, Seongbuk-si, Sungnam-si, and received only the right to possess and use the goods during the lease period, and in any case the Defendant has only the right to possess and use the goods and received the said car on the same day.

While the Defendant kept the said car for the victim, around July 2012, the Defendant transferred the said car to the Defendant’s obligee, who was the obligee, at the Defendant’s office located in Namyang-si, Namyang-si, and embezzled it for the purpose of repaying the Defendant’s debt to KRW 19.2 million.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Act and subordinate statutes to the applications for financial lease of the BMW presses/Agreement, and to the copies of receipts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;