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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 24, 2013, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd. and the victim to pay rent of KRW 1,742,90 per month for 36 months with respect to a car of Dabs E300 located in Sungnam-si Section B, Sungnam-si, and had the said vehicle kept in custody for the victim.
The Defendant was notified of the termination of the lease contract and demanded the return of a vehicle from the victim on August 8, 2014 because he/she failed to pay the lease fee from around July 2014, but the Defendant was given a loan of KRW 18,00,000 from the lending enterprise around June 27, 2014, and the Defendant offered the said vehicle as security and did not comply with the request for return of the victim in the absence of recovery.
Accordingly, the defendant embezzled the victim's property amounting to 71,400,000 won at the market price kept by the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. An application for automobile lease, a motor vehicle registration certificate, a statement of termination of a motor vehicle lease, and details of deposit, guidance on scheduled termination of a lease contract and guidance on termination of a lease contract, a estimate, deposit sheet, and a motor vehicle sales contract;
1. Application of Acts and subordinate statutes on loan transaction contracts;
1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished by a fine only once, and the defendant is against the law.
The victim recovered the vehicle and does not want to punish the defendant.
In addition, in consideration of the overall circumstances, such as the age of a defendant and circumstances leading to the crime, the sentence of the same punishment as the disposition shall be imposed.