A defendant shall be punished by imprisonment for not less than eight 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 November 7, 2011, the Defendant decided to return the said car or to relet the said car with remaining value, and the said car was owned by the victim during the lease period on condition that the Plaintiff did not provide the said car to a third party for the purpose of security, etc. without the consent of the victim, on condition that the advance payment deposit shall be KRW 4,39,800, and the lease period shall be from November 7, 201 to July 7, 2015. The lease period shall be from November 7, 2011 to July 7, 2015. If the Defendant paid the rent of KRW 1,029,200 each month during the lease period, the Defendant would return the said car or relet the said car with the remaining value, and the said car was transferred to the victim during the lease period without the consent of the victim.

While the Defendant kept and used one motor vehicle for the victim, on December 2012, the Defendant borrowed KRW 3,000,000 from the E-household store located in Kimhae-si, Kimhae-si, and delivered at will one motor vehicle as a collateral for debt repayment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of a copy of the motor vehicle lease agreement, a detailed statement of the motor vehicle lease agreement, a request receipt and inquiry statement, a peremptory notice on payment of leased vehicles, and statutes of the motor vehicle registration certificate

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

2. Article 62(1) of the Criminal Code of the Suspension of Execution requires a strict punishment against the defendant when considering the fact that the damage on the grounds of sentencing is not significant. However, the defendant confessions and reflects the crime of this case, the victim does not want the punishment of the defendant, the victim does not want the punishment of the defendant by agreement with the victim, the victim does not have any specific penalty power other than the fine imposed once, and the defendant's age, character and conduct, intelligence and environment, and this does not change.