A defendant shall be punished by imprisonment for 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 April 17, 2013, the Defendant entered into a lease agreement with the victim to pay lease fees of KRW 1,234,90 per month between the victim and the victim for 55 months at the location of the victim Hyundai Capital Co., Ltd. located in the building B at Changwon-si, and embezzled the said car worth of KRW 38,361,99 per the market price by refusing to return the said car without justifiable grounds even though the Defendant was requested by the victim for the return of the said car on January 29, 2016, on the ground that the lease fee of KRW 1,234,90 per month was overduely paid to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The filing of a complaint, guidance on termination of a lease agreement, and application of each Act and subordinate statutes reporting criminal investigations;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with, the fact that the crime is committed, and the first fact that the crime is committed);