A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 20, 2014, the Defendant entered into a lease agreement with the business employees belonging to Hyundai Capital Capitals in Seoul Jung-gu, Seoul and approximately KRW 36 million in the market, and paid lease fees of KRW 90,700 each month for 48 months from June 25, 2014, and received the delivery of the said rental vehicle after concluding a lease agreement with the business employees belonging to Hyundai Capitals in Seoul.

While the Defendant was in custody of the trucker vehicle for the victim, the Defendant paid the rent by October 2014, and thereafter was anticipated to receive the notification of the vehicle from the injured party due to the delayed payment of the rent, but did not return the vehicle. On December 2014, the Defendant provided F with the trucker vehicle owned by the victim as a security for the Defendant’s obligation at a non-permanent place located below Sungnam-si, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to lease contract, lease termination statement, investigation report (e-mail of witness F, vehicle photographs attached and detailed statement);

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] [the decision of sentence] / [the decision of sentence] / [the decision of April to January 1] reflects the defendant's mistake in depth and some favorable circumstances, such as the previous conviction of fine, etc. However, although there are no particular efforts to recover damage, the sentence is to be imposed, and the court is not bound in order to give an opportunity to recover damage.