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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around February 1, 2013, the Defendant: (a) was operating a liquor company under the trade name of “C”; (b) was operating a liquor company under the trade name of “E” and “F”; and (c) concluded a contract with the Defendant and the aggrieved party to transfer F (M) 35 million won to “C”); and (d) subsequently, the Defendant and the injured party agreed to operate a passenger car under the name of “F BF Korea (State)” in the name of “FF”) for the business of “C”; and (e) around May 2013, the Plaintiff paid the lease fee and operated the passenger car under the name of “C” while paying the lease fee.
1. On May 15, 2013, while the Defendant was operating a vehicle with approximately KRW 33,00,000,000 of the market price owned by the victim IMBs Korea (States) who entered into a lease contract under the name of D in accordance with the above agreement with D at a non-place where it was held on May 15, 2013, the Defendant did not refund the vehicle to H, a creditor of the Defendant, for the purpose of securing the claim, even though having been requested by D to return the vehicle, the lease fee of the said vehicle was overdue.
Accordingly, the defendant embezzled the victim's property.
2. On June 2013, 2013, the Defendant: (a) transferred a non-Mable social service Korea (State) car owned by the Defendant under the name of the victim D; (b) according to the agreement with the victim (State), and (c) transferred the car to the victim with an amount of approximately KRW 74 million at the market price of the non-Mable social service Korea (State) owned by the Defendant; and (d) the victim was operating the car while paying the lease fee.
However, the Defendant, upon receiving the victim’s complaint from the victim who did not pay F(N) transfer proceeds and being investigated, had the said vehicle brought about. On June 2016, the Defendant lost the key of the said vehicle to the Korea Social Services Korea (State) and received an application for the key of the vehicle from the said vehicle. On July 13, 2016, the Defendant issued the key of the vehicle.