A defendant shall be punished by imprisonment for six 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

On April 4, 2014, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court on August 27, 201, by committing fraud using computers, etc., and the judgment became final and conclusive on October 27 of the same year.

On October 21, 2013, the Defendant paid 1,547,400 won car rental fee to the employees in charge of Hyundai Capital Co., Ltd. at the Daejeon Seo-gu Daejeon District Office of Daejeon, Daejeon, 200, the amounting to 68,800,000 won per month for 48 months, on the 20th day of each month, and entered into a car lease contract under the condition that the automobile rental contract will be terminated at the time of default of the rental fee and immediately returned the car for 30 days or more.

On February 2014, the Defendant, while keeping the said car, paid the vehicle rental fee to the victim; however, borrowed KRW 18 million from the person under the name of D around February 2014, and entrusted the said car as a security; and embezzled the said car in a way that did not refund the said car by failing to pay the vehicle rental fee from April 2014.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A complaint, an application for vehicle lease, a guide for termination of a lease contract, and a statement of real-time deposit;

1. Previous records: Application of criminal records, etc., written inquiries, written judgments (No. 11 through 13) and outputs of consolidated case inquiries (No. 14) shall be made;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Taking into account all the conditions of the sentencing, including the reasons for the suspended sentence under Article 62(1) of the Criminal Act, twice the suspended sentence (including the final and conclusive judgment on the grounds of the suspended sentence), three reflects on the fines of different types of punishment, the victim's not to be punished, the case where the judgment was rendered simultaneously with the final and conclusive judgment on the grounds of the suspended sentence