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.

Punishment of the crime

1. On October 8, 2009, the Defendant leased the Dobong-gu Seoul Metropolitan Government Down 302, and the lessee of the lease agreement shall be the name of the Defendant, and the lease deposit was to be paid by the victim.

On October 8, 2009, the victim paid KRW 10,000 as the down payment for the lease contract, and KRW 80,000,000 to E as the remainder on November 10, 209, and the defendant and the victim living together under the above 302.

Around October 17, 2011, the Defendant received the lease deposit of KRW 90 million from the above E to return the lease deposit of KRW 302,00,000 from the victim and kept the deposit for the victim, and then embezzled the leased deposit without returning it to the victim at around that time by means of debt repayment and living expenses of the Defendant.

2. Around November 24, 2009, the Defendant paid the purchase price jointly with the victim C, but the installment was paid by the victim, and the name of ownership was to be used in the future by the victim, and the F rocketing car was purchased to be used jointly with the victim.

On October 19, 2011, the Defendant: (a) sold the said rocketing car to the Plaintiff, which was in custody of the Plaintiff, at a KRW 6 million; (b) and (c) embezzled the money by voluntarily consuming the amount of KRW 3 million, which is the victim’s interest, to the Plaintiff’s living expenses, etc. around that time; and (d) embezzled it by voluntarily consuming the amount of KRW 3 million with the Defendant’s living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including a substitute part withC);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as the details of passbook transactions, loan transaction contract, certificate of deposit transaction performance, register of automobiles and written statement of transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

4. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation.