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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 30, 2015, the Defendant concluded a car lease agreement (a lease agreement of KRW 12 months, monthly rent of KRW 410,00) with the victim-owned company and the victim-owned car of KRW 14,547,273 at the market price, which is the victim-owned by the Defendant on April 30, 2015, and disposed of the said car at will by borrowing money from C, which is around August 2015, while the said car was kept for the victim by putting away from the damaged party.
Accordingly, the defendant embezzled the victim's property.
On November 13, 2014, the Defendant: (a) obtained a loan of KRW 57,780,000 from a victim M&W-based social service Korea company (ju) in the victim M&W-based market in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul Metropolitan Government, to repay the principal and interest of KRW 1,427,454 each month for 48 months; (b) on the same day, the Defendant set up a mortgage of KRW 46,224,000 for the said vehicle as mortgagee.
Nevertheless, on July 2015, the Defendant borrowed money from a person with no name from a person with no name from the Sinsan-si E, Sinsan-si, and provided the said vehicle as security, thereby hindering the victim from exercising the right of the mortgagee.
Summary of Evidence
1. The defendant's statement in the court (2016 Highest 951);
1. Statement of the police statement related to G;
1. Motor vehicle lease contract, siren termination and notification of return of a motor vehicle even during the period of a complaint, motor vehicle lease contract, and motor vehicle registration certificate "2016 Heights 1053";
1. Statement made by the police with H;
1. Application of Acts and subordinate statutes concerning a contract for establishment of a right to file a complaint, a register of automobile registration, a written confirmation of contract, a document of decision on auction, a written application for installment financing and summary statement, and a written application for establishment of
1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The aggravated Criminal Act for concurrent crimes.