A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

"2015 Highest 2758"

1. On June 18, 2014, the Defendant entered into a lease agreement with the victim Non-BW car Korea Co., Ltd. and the victim-owned EW car in Yeongdeungpo-gu Seoul Metropolitan Government.

While the Defendant entered into a lease agreement as above and kept on delivery of the said car, the Defendant was operated by the Defendant who was in the Youngwon-gu F in Suwon-si in July 2014.

G At the gas station, H arbitrarily offered approximately KRW 41 million at the market price as security for the unpaid debt to H, and embezzled the said car.

"2015 Highest 3347"

2. Around March 27, 2014, the Defendant entered into a lease agreement on D in Yeongdeungpo-gu Seoul Metropolitan Government car (vehicle price of KRW 62,900,000, monthly rent of KRW 1,449,500), which is the victim’s (victim) capital and the victim’s car (vehicle price of KRW 62,90,000, monthly rent of KRW 1,500).

While the Defendant entered into a lease agreement as above and kept on delivery of the said car, the Defendant was operated by the Defendant who was in the Youngwon-gu F in Suwon-si in July 2014.

G At the gas station, the car was embezzled by arbitrarily providing the same car as security for the debt of KRW 50 million to the credit service provider on his/her name.

Summary of Evidence

[2015 Highest 2768]

1. Statement by the defendant in court;

1. Written Statement;

1. Application form for BMW Operation Lease, summary statement, content certification, and the original register of motor vehicle registration (A);

1. Investigation report (specific amount of damage);

1. Statement by the defendant in court;

1. A complaint;

1. Application of statutes to a copy of a motor vehicle lease agreement, a copy of a motor vehicle registration certificate, and a statement of claim/receiving;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million) basic area (from April to January 1) (no person subject to special sentencing)

2. The amount of damage caused by the sentence is large and not agreed with the victims, and the defendant is pending in the trial.