Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On March 21, 2013, the Defendant entered into a motor vehicle lease agreement with Aju Capital Co., Ltd., Ltd., a company that is the complainant, within the D office, a place of business operated by the Defendant located in C, and entered into the motor vehicle lease agreement with a period of 1,356,755 won per month, the contract period of which is 48 months, and entered a motor vehicle owned by Aju Capital; on the ground that the lease agreement was not paid on July 2013.

8. Around 21.21. Around the same month, the complainant received a notice of early cancellation of the lease contract from the company, and on the 26th of the same month, the complainant refused to return the vehicle equivalent to the market value of KRW 56,545,976 without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to the Oral land lease agreement, the Oral land lease agreement, the notice of termination of the lease agreement, the details of principal and interest received, and the statement of currency;

1. Relevant Article 355 (1) of the Criminal Act concerning facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the refusal to return the vehicle is not embezzlement because the victim had extended the payment deadline for the lease, and thus, the refusal to return the vehicle does not constitute embezzlement.

2. Determination

A. Comprehensively taking account of the foregoing evidence, including the witness F’s statement, the following evidence: (a) the Defendant did not pay rent on July 1, 2013 and August 2013; (b) the Defendant, an employee of the victim company, requested the Defendant to pay rent or return the vehicle from July 1, 2013; (c) the above F, on August 21, 2013, sent a prior notice of termination of the lease contract, stating that the lease contract should be terminated and return the vehicle to the Defendant; and (d) the F, on August 13, 2013, sent the prior notice of termination of the lease contract, stating that the overdue rent should be returned to the Defendant by August 28, 2013.