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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
[2015 Highest 1435] On November 15, 2013, the Defendant entered into a lease agreement with the victim non-Sscar Capital Co., Ltd. and the first month lease fee of KRW 126,00,00, the first month lease fee of KRW 2,961,720, and the second month lease fee of KRW 3,152,780, and the lease period of KRW 44 months. At that time, the Defendant received the said car from the victimized company.
In concluding the above lease agreement with the victimized company, the Defendant agreed that “the ownership of the leased motor vehicle is the victimized company, the customer has only the right to use the leased motor vehicle, and the victimized company may terminate the contract and claim the return of the motor vehicle if the customer has continuously delayed monthly rent for at least two months.” Thus, during the lease period, the victimized company had ownership of the motor vehicle.
While the Defendant kept the said car in custody for the damaged company, the Defendant embezzled a car worth of KRW 126,00,000,000, which is owned by the victimized company, by borrowing KRW 30,000 from B around 2014, by offering the said car as collateral to another person.
[2015 Highest 1672] On December 13, 2013, the Defendant purchased the freight 17,000,000 at the government branch of the Madbong Automobile Co., Ltd., Ltd., which was in peace at the time of the government, and borrowed the above purchase price from the victim Hyundai Capital Co., Ltd., and registered and used the said freight in the name of E, the Defendant’s children.
When entering into a loan contract with the victim, the defendant pays the 31st day, monthly installments, 524,134 won each month for 36 months from January 31, 2014 to December 31, 2016, and the damaged company as a mortgagee shall set up a single mortgage equivalent to 17,00,000 won for the above cargo vehicle as the mortgagee.
"As agreed with the content," the mortgage was created in the name of the victimized Company on December 13, 2013 according to the above content.