A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around February 8, 2017, the Defendant entered into a lease contract with respect to D motor vehicles equivalent to KRW 53,60,000 at the market price of KRW 53,60,000, which is the victim C, under the name of the Defendant’s corporate name operated by the Defendant, and entered into a lease contract with respect to E motor vehicles equivalent to KRW 65,992,215 at the market price around March 10, 2017, and was in custody for the victim company for the victim company by being handed over the two motor vehicles at around October 10, 2017, the Defendant embezzled the two motor vehicles by refusing to return the said motor vehicles without justifiable grounds even if the Defendant was requested to return the two motor vehicles from the victim company on February 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. G statements;

1. Application of each written complaint, each written confirmation of contract, each receipt, each financial application, each management lease agreement, each lease standard terms and conditions, and the register of automobiles Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of punishment and the scope of the recommended punishment], the scope of embezzlement and breach of trust [the type 1], the amount of less than KRW 100 million [the special person] - the mitigated factors: Where the punishment is not granted or a significant damage has been recovered, the reduced range of imprisonment with labor for one month or ten months;

3. The fact that the defendant, after the prosecution, agreed with the victim, the amount of damage incurred to the crime of this case, the defendant prepared funds rather than returning the vehicle while he was unable to pay the rent due to the lack of business, and refused to return the vehicle. In addition, the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and the prosecutor's old imprisonment with prison labor as shown in the records and arguments of this case, such as the following.