A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 31, 2013, the Defendant entered into a car lease agreement with the victim B Co., Ltd. and the victim with the content that the contract period of the Cenz E350 won is three years, and monthly rent is 2,043,000 won.

While the Defendant kept the said car for the victim, the Defendant paid the rent only from August 1, 2013 to September 1, 2014, and thereafter did not pay the rent, and even if the lease contract was terminated on October 3, 2014, on or around November 2014, the Defendant embezzled the said car by taking out a loan of KRW 16 million from the employees of the loans company in the non-afsent coffee shop in the non-afsent world in Gangnam-gu Seoul Metropolitan Government, and by offering the said car as security.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The register of automobiles, registration certificate, termination of lease contract, and notification of return of leased goods, details of redemption before maturity, notification of automobile lease contract, notification of credit handling, temporary injunction against the transfer of automobile possession;

1. Application of the fact-finding inquiry reply, motor vehicle registration ledger (A) and Acts and subordinate statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. The crimes committed by the accused against whom the sentence of sentence is to be pronounced shall not be minor in light of the circumstances, contents, etc. thereof;

However, the defendant has no record of being punished for committing a crime against his/her mistake while committing a crime.

The victim was fully reimbursed by the defendant's side.