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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 7, 2014, at the main office of the Defendant’s operation (main office) located in Seongdong-gu Seoul Metropolitan Government B 214, the Defendant entered into a contract for vehicle rental and received the vehicle on condition that the vehicle is returned if the vehicle is unpaid with the rent of KRW 1370,00,000,000 for the vehicle of KRW 30% of the above vehicle price, the deposit is KRW 1370,000,000 for the vehicle of KRW 30% of the above vehicle price, and the rent of KRW 1,479,00,000 for the three months.
After paying rent up to October 2014 while keeping and using the said vehicle for the victim, the Defendant refused to return the vehicle without justifiable grounds even though he/she was notified of the return of the vehicle on May 2015 by failing to pay rent thereafter.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of a vehicle rental contract, a request for placing an order for a siren rental contract, a yellow siren car rental contract, an automobile registration certificate, or an Act and subordinate statutes concerning the business registration certificate;
1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act concerning the crime. (Embezzlement and Selection of Imprisonment);
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. are limited to a prior conviction of a minor fine of this case two times in the past, the confession of the fact of the crime, the violation of the Act, and the favorable circumstances in favor of the defendant that some of the amount of damage would have been discharged to the victim. In addition, the sentencing conditions indicated in the records of this case, such as the defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the
It is so decided as per Disposition for the above reasons.