Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to two years of suspension of execution on October 19, 2015 by the Jeonju District Court for obstruction of business, etc., and the judgment became final and conclusive on October 19, 2015.

On October 2010, at the office of the victim limited liability company D (representative E and the limited liability company FF prior to the change of the name), the Defendant was leased free of charge by the victim company from the Hyundai Capital Co., Ltd. on the condition of 36 months of the lease term of 25,169,00 won, monthly lease fee of 1,193,00 won, monthly lease fee of 1,193,000 won, and 36 months of lease.

In accordance with the above free loan contract, the defendant was required to notify the victim company of the termination of the free loan contract and return the said car at around December 2012, but did not comply with it.

Accordingly, on February 20, 2014, the victim company filed a lawsuit claiming the delivery of the above vehicle against the defendant (former District Court 2013 Ghana 33814) and received a favorable judgment against the victim company to deliver the above vehicle to the victim company. On March 26, 2014, upon the above winning judgment, the victim company sent the defendant a certificate of the content of the notice to the defendant as of March 26, 2014.

On April 2014, the Defendant, even though he received the above notification from the victim company, embezzled the Defendant’s refusal to return without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E and H;

1. A complaint;

1. A contract for the lease of motor vehicle facilities;

1. Notice of each content;

1. Court rulings (former District Court Decision 2013 Ghana 33814);

1. Previous convictions: Inquiry into criminal history and investigation reports (Attachment of a copy of the judgment), and application of each statute of the judgment attached thereto;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order