A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who actually operated (Gu D) C (Gu D) as a rubber fashion producer from around 2001 to August 2010.

On September 24, 2008, the Defendant agreed to pay rent for 1,017,50 won each month for 36 months from the Hyundai Capital Co., Ltd. in order to use the said company's vehicle as a vehicle for business purposes. The Defendant agreed to pay rent for 1,017,50 won each month.

On the same day, the Defendant, while receiving the said car and keeping it in custody for the victim, aggravated the company’s circumstances, and delayed the payment of the rent from July 2010, and accordingly, rejected the Defendant’s demand from the victim to return the said car.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and H by the prosecution;

1. Each statement made to I and J;

1. Application of Acts and subordinate statutes to a motor vehicle leasing agreement, a motor vehicle facility leasing agreement, a motor vehicle register, a certificate of contents, a certificate of payment, a car counseling and assistance meeting for Capital, a criminal investigation report, a criminal investigation report, and a criminal investigation report (report on confirmation of changes in ownership after the termination of the lease agreement);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the details of payment of lease fees, the reasons leading to the commission of the crime, the timing and degree of damage involved, the fact that there is no previous offense other than the fine for two times, the criminal intent is weak, the confession and depth of the crime, and other factors considered such as the health conditions of the defendant, economic situation, etc.);