A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 6, 2010, the Defendant entered into a lease contract with respect to one of the above vehicles for the use of the victim's 37 passenger car owned by the victim's Mesia Co., Ltd., Ltd., which was located in Suwon-gu, Busan, Suwon-ro 434, 201, and kept the lease contract for the victim by returning the leased vehicle at the expiration of the lease contract or purchasing the remaining value, and re-lease the said vehicle on the same day.

However, the Defendant, on March 21, 2012, failed to pay rent, and the lease contract was terminated on May 29, 2012, the Defendant refused to return the leased vehicle without justifiable grounds despite being demanded to return the leased vehicle. From around 2014 to around 2015, the Defendant transferred the said vehicle by borrowing five million won to the non-registered bond company in the name-based address located in the area of the Busan metropolitan traffic Daegu from around 2014 to around 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] No person who has no basic area (a period of less than KRW 100 million) [a person subject to special sentencing] [a person subject to sentence] [a person subject to special sentencing] [a person subject to the determination of sentence] although he/she arbitrarily disposes of leased vehicles owned by a victim, it is not less than that of the crime because he/she does not cause the victim to recover the said vehicle, but the liability for the crime is less than that of the victim. However, there is no record of criminal punishment exceeding the same criminal history and fine, and there is no record of criminal punishment exceeding the defendant's age, sex behavior, environment, background leading to the crime, and circumstances after the crime, etc. are considered as