A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On November 8, 2012, the Defendant entered into a lease agreement on the condition that the Plaintiff would pay the lease fee of KRW 901,900 per month to the Plaintiff’s filial Capital Capital Co., Ltd. and the Plaintiff paid the lease fee of KRW 901,90 per month for 36 months. Thus, the Defendant was in the position to use the above Oral Capital Co., Ltd. as the victim’s owner while paying the lease fee up to the end of the lease agreement.

On May 20, 2014, the Defendant terminated the lease contract on the ground of the delinquency in paying rent for the monthly rent of the above Orala and received contact from the victim to request the return of the Oralab, the Defendant did not comply with the victim’s request for return without concealing the above Oralab, even though he was contacted by the victim on May 20, 201.

Thus, the defendant embezzled the above D's 39,576,100 won which is equivalent to the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of statutes on a copy of a motor vehicle lease agreement;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommending punishment] category 1 (100 million won) (1 to 10 months) is mitigated (1 to 10 months), a person who is subject to special mitigation is not subject to punishment, or a significant damage is recovered;

2. Considerations such as the return of the error in the decision of sentence and the fact that the defendant has no criminal record of the same kind of imprisonment or heavier punishment.