The punishment of the accused shall be eight months by imprisonment.

Punishment of the crime

[2016 Highest 1193]

1. On March 28, 2014, the Defendant concluded a motor vehicle leasing contract with the victim 1 Capital Co., Ltd. at the branch of the company located in the branch of the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in Seongbuk-gu in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company established in the company

The Defendant, as such, embezzled the property of the victimized company by refusing to return the benz car, even though he did not pay rent from October 21, 2014 while entering into a contract for facility leasing with the victimized company and keeping the benz car in custody for the victimized company.

[2016 Highest 2415]

2. On September 16, 2014, the Defendant concluded a contract for the facility leasing of a motor vehicle with the victim corporation slick Capital and the Hbenz motor vehicle equivalent to KRW 75,734,710 at G gas station operated by the Defendant in Jincheon-gun, Jincheon-gun, the Defendant agreed to the lease period of KRW 36 months, monthly rent of KRW 1,898,50, and the vehicle is returned by the termination of the contract if the lease fee is overdue.

As such, the Defendant, while entering into a contract for facility leasing with the victimized company and keeping the affected company’s automobile in custody, did not pay lease fees from October 17, 2014, and thus, embezzled the property of the victimized company by refusing to return the benz car even though the victimized company was requested to return the benz car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each complaint;

1. 각 자동차시설대여계약서, 각 자동차등록증, 각 상환스케쥴 내역, 각 부채증명서 법령의 적용

1. Article 355 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Of concurrent crimes, the market value of each vehicle embezzled by the defendant for sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.