1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

1. Around May 13, 201, the Defendant purchased a juitius car with the market value of KRW 43.8 million at “D” store located in Nam-gu Busan Metropolitan City around May 13, 201, and then received the said car by concluding a lease agreement with the victim to pay 1,028,656 won per month for the difference of KRW 28,00,000,000, in lump sum, after paying in lump sum, and then paying in KRW 15,80,000 for the difference of KRW 28,00,000,000.

On June 5, 2014, while the Defendant kept the said car on behalf of the victim, the Defendant rejected the request from the injured party for the return of the said car due to the unpaid rent.

Accordingly, the defendant embezzled the victim's property.

2. On June 2015, the Defendant was unable to pay the monthly rent of the restaurant operated without any particular property or revenue at the time. In addition, even if the Defendant borrowed money from another person for the personal debt of KRW 50,000,000 from another person, the Defendant did not have any intent or ability to repay the money, but the Defendant did not have any intent or ability to repay the money to the victim G with a good condition in the vicinity of the restaurant operated by the Defendant. If the Defendant borrowed KRW 15,00,000,000,000 to the Plaintiff, he/she received the above singing and would immediately repay it.

The Defendant, on June 25, 2015, received money of KRW 11.5 million from the injured party, KRW 3 million from June 30, 2015, and KRW 6 million from July 1, 2015, from the Defendant’s account.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each police statement made to H and G;

1. A motor vehicle lease agreement;

1. Application of Acts and subordinate statutes on deposit details;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment with labor, respectively;

2. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.