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

Punishment of the crime

On September 12, 2016, the Defendant entered into a contract for the lease of automobile facilities (lease) with the content of KRW 43 months of contract period, deposit 990,000 won, principal amount, KRW 73,904,071, and monthly lease fee of KRW 1,709,80 with respect to the B B Benz LS350, owned by the injured company, and kept the said car for the injured company by receiving the delivery from the injured party.

On February 17, 2017, when the Defendant received a loan of KRW 15 million from a non-exclusive credit service provider, the Defendant refused to return the said car even if he received a notice of termination from the injured party on April 17, 2017, on the ground that the said car was unpaid monthly rent from the said credit service provider on April 17, 2017.

Accordingly, the defendant embezzled the victim's property amounting to KRW 73,904,071.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of new agreements on succession to credit cards, the original register of automobile registration, and the Acts and subordinate statutes of the recommended termination of contracts;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. Not more than five years of imprisonment with prison labor within the scope of a prison labor;

2. Criteria for sentencing [Scope of recommended punishment] Type 1 (less than 100 million won) and the basic area (from April to January 4) (special sentencing factors).

3. Determination of punishment, sentence-type car lease, the amount of damage based on the purchase price is approximately KRW 69 million per principal, the amount of damage based on overdue rent is about KRW 71 million per principal. Considering the damages for delay in each case, the amount of damage is greater than the amount of damage, the amount of damage has not been recovered even if the defendant had a long opportunity to do so, and other various sentencing conditions such as circumstances leading to the crime, before and after the crime, the defendant's age, occupation, sexual behavior, environment, etc. are considered.