A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 18, 2013, the Defendant: (a) between Hyundai Capital Co., Ltd. and the victim Hyundai Capital Co., Ltd. at the location of the modern car D located in Pyeongtaek-si on October 18, 2013, with respect to the lease amounting to KRW 6,938,00,000, monthly lease amounting to KRW 1,696,200, lease period of 48 months; (b) the lease period of 48 months; (c) the lease company may terminate the lease agreement if the lessee delays the lease fee, etc.; and (d) the lessee shall return the ice at the location designated by the lease company.

“To enter into a lease agreement and to receive the said vehicle on the same day.”

While the defendant kept one of the above vehicles for the victim, the defendant received 14 million won from F at the trade name office in Ansan-si around October 2015 and provided the above vehicle as security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of complaint, application for vehicle lease, and deposit;

1. Application of Acts and subordinate statutes to investigative reports (to telephone conversations of a borrower);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The payment of rent equivalent to half of the lease term has been made, the damage has been fully recovered due to the return of the vehicle and the absence of any other previous conviction except for the previous one sentenced to a fine for old time);