A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 13, 2010, the Defendant borrowed 46 million won from Hyundai Capital Co., Ltd. from Hyundai Capital Co., Ltd., and established a mortgage and used the said car on the condition that the Defendant would pay 1,792,658 won monthly installments for the car (AMG) purchased by the victim C in the form of a mortgage.

The Defendant paid an installment to pay to the victim only until April 201, and refused to return the said vehicle even if the Defendant was requested by the victim due to the failure to pay the said installment thereafter, and embezzled the vehicle by delivering the said vehicle kept by the Defendant to E for the purpose of securing his/her personal obligation on April 2011.

Summary of Evidence

1. Statement made by C by a witness in the third protocol of trial;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the register of automobiles and the Acts and subordinate statutes concerning the payment of modern capital installments;

1. Article 35(1) of the relevant criminal facts, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, determination of the Defendant’s argument on the Defendant’s choice of imprisonment merely lent the ownership of the instant vehicle to the Defendant without intent to own the instant vehicle, and the Defendant agreed to own the instant vehicle between C and C in its internal relationship with C and used the agreement and disbursed the repair cost or the cost necessary for its operation. As such, the Defendant was in the status of keeping the instant

It is argued that the defendant did not constitute an element of embezzlement even if he refused to return the car in this case or delivered it to E.

In general, the car in the name of the person who owns the car externally, and the other person uses the car in the name of the other person to pay the money borrowed for the purchase of the car.