A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 28, 2014, the Defendant entered into a lease agreement (guarantee amounting to KRW 5,630,00, KRW 600, KRW 600, KRW 60, KRW 60, KRW 125,000) with the lessee as the lessee, and the Defendant as the representative director as a joint guarantor, at the 30th floor of the building 30 small and medium enterprise Federation, a bank in Yeongdeungpo-gu Seoul Metropolitan City, and KRW 7,00,000, KRW 56,300,000, and the lease period of KRW 60,125,000.

Defendant 1 did not pay rent from September 16, 2014 while keeping and using the said vehicle in accordance with the above lease agreement, and received KRW 14 million from the end of September 2014 to the first police officer on October 2014 and left the said vehicle in excess of the amount of KRW 14 million.

Accordingly, the Defendant embezzled a vehicle owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of a motor vehicle lease agreement;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million) basic area (from April to January 1) (no person subject to special sentencing)

2. Although the amount of embezzlement and embezzlement of the sentence did not have a large amount of the vehicle yet, the defendant deposited KRW 17.2 million for the recovery of damage, the defendant did not have any record of punishment for the same kind of crime, and the defendant seems to recognize and reflect his mistake, and other conditions of all the sentencing as indicated in the records, such as the defendant's age, occupation, sex, environment, circumstances before and after the instant crime, etc., shall be determined by taking into account the following factors: