A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 13, 2014, the Defendant entered into a lease agreement with the Plaintiff to pay rent of KRW 1,618,790 on the 20th day of every three years for the victim MW GT car owned by the Plaintiff BMW GT car Co., Ltd., Ltd. in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul, and received the delivery of the said car.

On April 2015, the Defendant embezzled the said car, which was worth KRW 50 million at the market price kept in custody for the victim, as a collateral for transfer, from the office D Co., Ltd. operated by the Defendant, Hacheon-gu, Seocheon-gu, Seocheon-si, Seoul, to pay the money for business purposes, and was urged to pay the money from E.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint and a statement of the F;

1. Lease contract (list 4) and motor vehicle registration certificate;

1. Application of the investigative report (List 14) Acts and subordinate statutes;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the conditions favorable to the defendant (a confession, reflectiveness, absence of criminal records of the same kind, recovery of damage, non-won of punishment), unfavorable circumstances (in spite of a variety of criminal records including two or more suspended probations, the nature of the crime in this case is pleasure by committing the crime in this case without being well aware of it), and other factors of sentencing as indicated in this case, such as the age, sex behavior, living environment, means and result, after committing the crime, shall be considered together, and the sentence shall be determined as ordered.