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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 18, 2013, the Defendant entered into a vehicle lease agreement with the victim Hyundai Capital Co., Ltd. and DWz E20 automobiles at vehicle price of 62,30,000 won, deposit money of 12,460,000 won, monthly lease fee of 1,301,100 won, and the lease period of 48 months at agencies located in Seongdong-gu Seoul Metropolitan Government, and received the said automobiles.
The Defendant, while keeping the said Benz E220 for the victim of the passenger car, provided on May 2014 to the bond company named in the name of the police officer with approximately KRW 14 million previously borrowed, as security for the obligation of KRW 14 million.
9. Around 25.25. Around the victim company requested the termination of a lease agreement and the return of a vehicle, but rejected the return without justifiable reasons.
In this way, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. An application for lease;
1. Application of Acts and subordinate statutes on deposit;
1. Relevant laws concerning criminal facts, Article 355 (1) of the Criminal Act which choose a penalty, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act was that the remaining damage was not recovered due to the embezzlement of this case.
However, the defendant is the first offender, and raises children.
The defendant leased the business with her husband, and paid the lease fee for up to six months, but it became difficult to conduct the business.
The accused makes a confession and reflects the mistake.
In addition, the sentencing conditions, such as the age, character and conduct, environment, and circumstances before and after the crime, shall be determined as ordered.