A defendant shall be punished by imprisonment for not more than ten 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 August 25, 2014, the Defendant entered into a car lease agreement on the condition that the Defendant would pay monthly rent of KRW 1,172,373 for 48 months for 59,30,000 at the market price owned by Korea Co., Ltd. of the victim BM 520d CD cars, which is equivalent to the amount of KRW 59,30,000,000.

The Defendant sold the said car to a person whose name is unknown on January 2015, and did not receive contact from the victim on several occasions, and did not return the said car despite the victim’s request for return.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a contract confirmation document, receipt, text message delivery details, the original register of motor vehicle registration, content certification, an operating lease agreement, or a business registration certificate;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [type determination] / [Determination in the sphere of recommendation] The basic area / [the scope of recommendation] April / 1 to April / [the scope of general sentencing : in the case of non-business embezzlement and breach of trust : serious reflective element - in the case of embezzlement crime / the applicable legal provision applicable in the case of embezzlement crime / [the scope of punishment] : January to five years [the scope of suspended sentence] - Major reasons for suspension of execution : there is no effort to recover adverse damage - there is no general reason for recovery of negative damage - there are no positive reflect and partial recovery of damage / [determination of sentence], as well as that the injured person has sought a severe punishment against the defendant as well as the victim, it should be strictly punished.

However, the fact that the defendant is divided in depth into his mistake, and the victim is a public auction procedure.