A defendant shall be punished by imprisonment for four 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 September 19, 2014, the Defendant: (a) entered into a lease agreement with the victim Au Q7 motor vehicle owned by the victim company from the victim Au Q7 Co., Ltd. on the 15th day of each month of September 15, 2014, which requires the victim to pay the principal and interest 1,624,800 won for 60 months; and (b) took over the above motor vehicle and kept it for the victim, the Defendant embezzled it as security by borrowing KRW 5 million from the non-commercial land around November, 2016 to C.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes of the automobile lease contract, automobile transaction contract, and the automobile registration ledger;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da10048, Apr. 21, 2007) (see, e.g., Supreme Court Decision 2008Da100999, Apr. 21, 200)