A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 20, 2015, the Defendant entered into a new lease agreement (48,438,000 won in financial application amount, 60 months in lease period, and 912,692 won in lease amount) with the Non-Wable Social Services Korea Co., Ltd., and the Audi-car, the market price of which is equivalent to KRW 45,540,00 in the market value of which was KRW 45,50,000, and kept the victim on behalf of the Defendant.

On November 25, 2015, the Defendant: (a) requested that C use the pertinent car on condition that the Defendant would pay the lease fee on behalf of the Defendant by the maturity; (b) on an officetel parking lot located in Daegu-gu, Daegu-gu, Seoul-gu, to accept the loan by offering it as collateral; and (c) accepted it by the Defendant’s request that C receive the loan by paying the loan amount of KRW 20 million after the month; and (d) received the loan amount of KRW 20 million from E and handed over the said loan to the said lending company as collateral.

As a result, the Defendant embezzled the victim’s property worth KRW 45,540,000.

Around March 28, 2016, the Defendant entered into a lease agreement with Mable Social Services Korea Co., Ltd. to pay KRW 1,287,354 per month to the injured party for 48 months, and embezzled the said car by borrowing KRW 30 million from a lender who was unable to know his/her name in front of the Daegu City of Daegu on February 16, 2017, when he/she received and used a F car equivalent to KRW 62.8 million at the market price.

Summary of Evidence

"2017 Highest 2327"

1. Statement by the defendant in court;

1. Complaint;

1. The letter of contract, a letter of estimate of new operation leasing, a financial application, an agreement of operation leasing, etc., a motor vehicle transaction contract, a payment receipt of rent, a motor vehicle registration certificate, and a letter of loan agreement, hereinafter referred to as the "highest 460";

1. Statement by the defendant in court;

1. Complaint;

1. Statement of the police statement related to G;

1. Contract confirmations, the Motor Vehicle Registration Register, the Operation Lease Agreements, and the Loan Certificates-Related Acts and subordinate statutes;