Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On October 18, 2013, the Defendant entered into a lease contract with a business employee on the name of the victim Hyundai Capital Co., Ltd. (B) and a BMGT vehicle (C) equivalent to KRW 69 million in the amount of KRW 1,365,700 in the amount of KRW 60 months and operated the vehicle on the delivery of the vehicle, and kept the vehicle for the victim.

On April 23, 2014, the Defendant rejected the notification of termination of the contract and the request for return of the vehicle on the ground of the delayed payment of rent, and embezzled vehicles of 46,500,000 won at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to automobile lease contracts, automobile registration certificates, and advices on termination of lease contracts;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant provided a vehicle as a security, but failed to return it at the time, and the victim does not want the punishment of the defendant by returning the vehicle and paying the unpaid lease fees, and the defendant does not have any criminal record of the same kind or suspension of execution or above. It is so decided as per Disposition by taking into account the various reasons for sentencing as shown in the arguments, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.