A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On December 13, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement, etc. at the Daegu District Court on December 13, 2018, and the judgment became final and conclusive on December 21, 2018.

【Criminal Facts】

On July 29, 2016, the Defendant entered into a lease agreement with C Office located in Daegu-gu, Daegu-gu, on the condition that the lessee would terminate the lease agreement on the condition that the lessee would terminate the lease agreement on the condition that the lease agreement would be 48 months, the monthly rent would be 627,000 won, and on August 27, 2016, the lease agreement was concluded on the condition that the lessee would terminate the lease agreement on the condition that the lease agreement would be terminated at least twice.

On April 24, 2017, the Defendant refused to return the said car without justifiable grounds even though the said car was requested by the victim to return on July 5, 2017 due to the termination of the said lease agreement, which was in arrears twice or more times, and the Defendant refused to return the said car.

Accordingly, the defendant embezzled a car owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Advisor's answer, certificate of registration of Ekniff vehicle, certificate of vehicle takeover, early termination, and notification of vehicle counter-payment, and request for counter-payment of vehicle;

1. Previous convictions in judgment: Inquiry report, Daegu District Court (2017dan3815, 5306), embezzlement, and application of statutes governing fraud A;

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

1. The reason for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is that the defendant refused to return the vehicle even though the lease contract for the car in question is terminated, and it is reasonable to punish the corresponding person.

However, there is a final judgment that the defendant recognizes the crime of this case and reflects it, and the crime of embezzlement, etc. was punished together.