A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

[Attachment] On June 17, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Jeju District Court, and completed the execution of the sentence in the Jeju Prison on July 29, 201.

【Criminal Facts】

On July 18, 2012, the Defendant entered into a lease agreement with the Hyundai Capital Co., Ltd., which is the victim, under the name of the Defendant as the representative director with respect to the C EF vehicle (referring to an amount equivalent to KRW 90,230,00,00) owned by the victim. On August 27, 2012, the Defendant entered into a lease agreement with the victim for EF vehicle (the market price of KRW 104,150,00) owned by the victim in the name of the Defendant. Under each lease agreement, the vehicles were owned by the lessee regardless of the registered name, and the ownership registration was completed in the name of the victim. Accordingly, the ownership of the said vehicles was held by the victim company.

Nevertheless, while the Defendant borrowed KRW 25 million from a bond company on his name in around September 2012, when he kept the above vehicles for the victim, the Defendant provided CFF vehicle as security, and provided E E EF vehicle as security by borrowing KRW 25 million from F on January 10, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. C motor vehicle lease contract, E motor vehicle lease contract, C motor vehicle registration certificate (Duplicate), and E motor vehicle registration certificate (Duplicate);

1. Previous convictions indicated in judgment: Application of investigation reports (the confirmation of the same type of crime records and the audit room);

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

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Aggravation of concurrent crimes: The scope of recommended sentences on the grounds of the sentencing guidelines in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [the scope of punishment guidelines for embezzlement, breach of trust, type 1 (based on the "amount of profit" in the sentencing guidelines less than KRW 100,00), basic area, month - April - 4 months] and the following circumstances are all met.