A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On February 14, 2014, the Defendant was sentenced to a suspended sentence of three years on August 9, 2014 in the Daejeon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation).

Around May 3, 2013, the Defendant: (a) leased the monthly rent of KRW 4,235,700, and the period of KRW 48 months in the name of Hyundai Capital Co., Ltd. (hereinafter referred to as “B”); (b) and (c) was operated by the owner after acquiring and keeping the said car from the said C around that time, the Defendant embezzled the said car equivalent to KRW 171,00,000 in the market price by refusing to return the said car without justifiable grounds, even though the Defendant was requested by employees of the victim company to return the said car, upon receiving a notice of termination of the contract from the employees of the victim company, and by refusing to return the said car.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E and F;

1. A complaint (including accompanying documents, such as a delegation letter and lease contract);

1. The register of automobiles, registration certificate, details of deposits made after Hyundai Capital Loans, copies of passbooks, details of installment payments to be made by households in order to distinguish morality construction households, results of inquiry into one of the details of installment payments to be made by installments, and the application of Acts and subordinate statutes to the judgment; and

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the full agreement with the victim, the crime of this case in which the judgment became final and conclusive, and the crime in which the latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes);