A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 12, 2010, the Defendant entered into a lease contract with the victim (State) non-MW 528i car at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul Seocho-gu”) by setting the contract term of 36 months, monthly lease fee of 1,160,165 won.

While the Defendant kept and used the said car in accordance with the above lease agreement, around April 2013, the Defendant borrowed 20 million won from G to the “F” coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul, to offer the said car as security, namely, the said car was delivered to G at the seat.

Accordingly, the defendant embezzled the victim's property equivalent to about 35 million won in the market.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Investigation report (the time of embezzlement and specification of the amount of embezzlement);

1. Application of Acts and subordinate statutes to written contract confirmation, application for BMW re-finance, standard terms and conditions of financial lease agreement, and application for BMW operating lease;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Type 1 (100 million won or less) / [Determination of sentence] The vehicles embezzled by the defendant were not returned, and disadvantageous circumstances such as the defendant's efforts to return the vehicles do not peep, the defendant paid rent of 20 million won or more at the time of the contract, and the defendant paid rent for about 18 months, and there was no record of punishment for the same crime, and there was no record of punishment exceeding fines, and all other conditions of punishment as ordered in other records and changes.