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A defendant shall be punished by imprisonment for a period of five months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant received delivery from the victim company on the condition that the Defendant would pay monthly usage fee of KRW 1,090,100 from the victim company at the victim company's office located in South-Namnam-gun D around June 2014.
The Defendant, while keeping the above vehicle for the victim company, did not pay the user fee agreed to be paid each month from November 2014, and received a request from the victim company for return of the vehicle, the Defendant borrowed KRW 7 million from the credit service provider and provided the vehicle as security around October 2015.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement made to F in the police statement protocol;
1. Application of the Acts and subordinate statutes stated in a certified copy of the register, a certificate of contract for automobile lease, and each investigation report;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The value of the property embezzled for the reason of sentencing under Article 62-2 of the Criminal Code of the community service order is not much significant.
The defendant made a false statement about the location of the vehicle in the police.
The defendant has been guilty of more than 20 times.
However, the victim company paid 7 million won to the credit service provider and recovered the vehicle, and the defendant paid 7 million won to the victim company, and the victim company is not subject to punishment for the defendant.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.
It is so decided as per Disposition for the above reasons.