A defendant shall be punished by imprisonment for six 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 October 17, 2014, the Defendant, within the C cafeteria operated by the Defendant, at that time, embezzled by refusing to return the two above vehicles, even if the Defendant was in arrears and was requested by the victim to return the two vehicles of the amount of rent in excess of the total market value of KRW 4,754,00,00, which is the victim’s ownership, while he leased two vehicles from the Victim D Dorenk Co., Ltd. at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each certificate of vehicle registration, each vehicle lease contract, each claim status, each notification of termination, etc. of a contract (1 and 2 times), and details of sending letters;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment] Type 1 (100 million won) (4 to 1 year and 4 months) basic areas (4 months) and the scope of comparative sentence: Imprisonment with prison labor for April 1 to 14 (the decision of a sentence of imprisonment]: 6 months; suspension of execution 2 years; normal circumstances unfavorable to community service 80 hours: fine records of the same kind of crime; victims of the same offense; non-agreement; and no recovery of damage to the victim; reflects the victim's mistake; the victim's recovery of vehicle price; the victim's occurrence of damage to the victim of the same kind of crime was partially recovered; the victim has no criminal records of the suspension

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.