A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On March 5, 2013, the Defendant entered into a lease agreement on the cargo vehicle of 1 ton of AT, the victim owner, on the condition of paying lease fees of 316,900 won every 48 months from around March 5, 2017, from the F Office of the F Office of the Defendant’s operation in Yangsan-si.

When the lease term expires at the time of the above lease contract, the Defendant agreed to purchase the above cargo vehicle or return it to the victim, and kept the above cargo vehicle for the victim. From July 24, 2014 to September 24, 2014, the Defendant refused to return it even if the Defendant received a request from the victim for the return of the above cargo with the notice of termination of the lease contract on the grounds of delinquency in the lease by mail, and at around October 2014, borrowed 4 million won from AU at a place on the end of the end of the lease term, and then arbitrarily changed the above cargo vehicle amounting to KRW 1087,70,00 at the market price to secure the above obligation.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning AV;

1. Application of Acts and subordinate statutes to a lease application agreement, a copy of a motor vehicle registration certificate, details of payment of rent, maximum payment of overdue rent, copy of guidance on termination of a lease agreement, guidance on termination of a lease agreement, and a copy of receipt of registered mail

1. The pertinent Article of the Criminal Act regarding criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence [the scope of recommending punishment] Type 1 (100 million won] [the decision of sentencing] / [the decision of sentencing] the Defendant was sentenced to imprisonment with prison labor at the Ulsan District Court on July 23, 2010, and completed the execution of the sentence at the one year and six months in March 3, 201 at the one-year prison for the use of fraud. On January 28, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on March 11, 2015, and there were many same records of force as the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on March 11, 2015 (the continuation of the appellate court at present).