A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 30, 2015, the Defendant entered into a lease agreement with the victim company and received the said vehicle under the condition that the lease fee of KRW 1,226,400 per month is paid for 48 months from October 30, 2015 to November 4, 2019, the 5,4810,000 in the value of the vehicle owned by the victim Hyundai Capital Co., Ltd.

While the Defendant kept the said car on behalf of the victim company, on August 2016, the Defendant borrowed KRW 8 million from the non-member loaner on his name and embezzled the said car by arbitrarily transferring it as security.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of the attached Table to the Acts and subordinate statutes to the head of a complaint, a motor vehicle lease contract, a confirmation of the fact and condition of a motor vehicle lease contract, a estimate for lease of a modern car gone, a certified copy, an abstract, and a claim details;

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 under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances for sentencing) is that the instant crime was committed by offering lease vehicles at will and embezzled, and that the nature of such crime is not negligible.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect the facts charged, the fact that the defendant paid the lease fee of 15 times by April 2017, and that the defendant agreed with the victim.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The crime of embezzlement: the group of embezzlement and breach of trust crimes, the group of types 1 (less than KRW 100 million), the non-permanent sources of punishment, etc.