Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On April 17, 2012, the Defendant entered into a car facility lease agreement with the victim’s “Korea Co., Ltd., Ltd.,” from April 17, 2012 to April 15, 2014, to use the Plaintiff’s “Korea Co., Ltd., Ltd.,” and to pay KRW 2,551,750 per month in return, and to use the said vehicle.

The Defendant, while driving the said vehicle and keeping the said vehicle in custody for the victim, did not pay the lease fee from March 2013, and was obligated to return the said vehicle to the victim from the time on May 2, 2013, when the said lease contract was terminated.

Nevertheless, on September 4, 2013, the Defendant: (a) received a request from the victim for the return of the said vehicle from the Defendant, but rejected the return; (b) instead, on January 4, 2014, he/she embezzled the said vehicle, which is owned by the victim of the said vehicle, at a parking lot located in Seo-gu, Seo-gu, Seo-gu, Gwangju, Gwangju, with a claim of KRW 30 million against him/her, around February 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A contract for automobile facility leasing;

1. Registration certificate, details of the payment of lease fees, and notification for confirmation of termination of the contract;

1. Application of Acts and subordinate statutes to each investigation report (such as the details of vehicle disposal);

1. Relevant provisions of Article 355 (1) of the Criminal Act concerning criminal facts (Consideration of fines, selection of fines, the fact that there is no previous record other than once a fine, and the fact that an investigative agency has agreed with a victim);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;