Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant established and operated a company E with the lending of D’s name. On February 28, 2013, the Defendant entered into a lease contract for FMW750LI car owned by the said company from the victim Hyundai Capital Co., Ltd., Ltd., at the Handom Mos Office located in the 72-way BM building on February 28, 2013, with the said company’s name from February 28, 2013 to February 28, 2016, and paid the lease amount of KRW 4,932,800 on the fifth day of each month from February 28, 2016. The leased vehicle is owned by the lessee, and the lessee is able to terminate this contract if the lessee fails to pay the lease fee, etc. In such case, the lessee agreed to return the said vehicle at the place designated by the lessee, and had the lessee take custody of the said vehicle for the victim company.

By October 5, 2013, the Pakistan paid the lease fee only for the said car, and did not pay the lease fee from November 5, 2013 to the injured company, without returning the said car to the injured company. On October 2013, the Pakistan borrowed KRW 30 million from G, with the purpose of securing the said car without returning it to the injured company.

Accordingly, the defendant embezzled the above car amounting to KRW 183 million in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement of H;

1. Application of Acts and subordinate statutes to accusation, copy of vehicle lease contract, copy of notification of termination of lease contract, investigation report (report on the confirmation of the reception of a party for reference G)

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was sentenced to a suspended sentence due to a violation of the Road Traffic Act, etc., and the judgment becomes final and conclusive only for two months after the judgment becomes final and conclusive.