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

The defendant was the representative director in the name of C, a corporation substantially operated by B, etc.

On August 12, 2016, the Defendant entered into a lease agreement with the victim F Co., Ltd. and the victim to the foregoing office located in the Songpa-gu Seoul D Building E, stating that monthly rent of KRW 580,000 for G K50,000 at the market price owned by the victim shall be KRW 580,000 and the lease period shall be KRW 480,000 for the vehicle ownership, and C Co., Ltd. shall have the right to use the vehicle as the lessee, and if the lessee fails to pay the lease fee, the lessee may terminate the lease agreement and claim the return of the vehicle, and the lessee shall have the vehicle retained for the victim.

While the Defendant kept the said car as above, he did not pay the lease fee from October 2016, and around January 2017, the Defendant sold the said car at KRW 3 million to a person who was unable to know his name at a Buddhist area in Seoul (Seoul).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the petition of complaint, full certificate of registered matters, automobile lease contract, and notification of compulsory termination;

1. The applicable law of criminal facts, Article 355 (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

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

1. Sentencing Criteria [Scope of Recommendation] Type 1 (100 million won) basic area (4 to one year and four months) (4 months) (no person specially punished);

2. The execution of a sentence shall be suspended by taking into consideration favorable circumstances, such as the restoration of damage caused by the decision of the sentence or the failure to obtain the sentence from the victim, the profits acquired by the defendant are relatively small, the profits acquired by the defendant does not have the same criminal record, and there are circumstances to consider the occurrence of the crime in this case