A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On May 26, 201, the Defendant was sentenced to eight months of imprisonment for fraud in the Incheon District Court Branch Branch of the Incheon District Court, and six months of imprisonment for the same crime in the same court on November 28 of the same year. On July 24, 2012, the execution of the sentence was terminated. On September 3, 2015, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the same court on September 3, 2015 and the said judgment became final and conclusive on October 26 of the same year.

[2] On May 29, 2014, the Defendant entered into a lease agreement with the Defendant on a fixed lease agreement with the Defendant for the payment of the 7,529,134 won in advance, monthly rent of KRW 1,394,167, and the 60-month lease period of KRW 75,291,340 in the name of Korea and the Defendant’s wife E, as the damaged social service provider of the Republic of Korea and the Defendant’s wife.

The Defendant had already failed to pay the lease fee at least twice on January 20, 2015 while operating the said car and keeping the said car for the victim. The Defendant was notified of the termination of the lease contract and requested to return the leased goods according to the terms and conditions of the lease contract around February 6, 2015.

Nevertheless, the Defendant borrowed KRW 13 million from “H” located in Incheon G on June 2015 without returning the said car, and transferred the said car to the said lending company as collateral.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's legal statement (the confession of the crime was made on the third trial date);

1. Statement made to I by the police;

1. A motor vehicle lease agreement, a detailed statement of calculation of the amount to be repaid, and a detailed statement of contact for return of a motor vehicle;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, to confirm individual identification, to report an investigation (to hear statements from complainants, to confirm that they are concurrent crimes after Article 37, and to report whether they are repeated crimes);

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

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the reason for sentencing of Article 39(1) (the latter part of Article 37 of the Criminal Code).