1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

[2017 Highest 802] On October 23, 2013, the Defendant concluded a car lease agreement with the victim D Co., Ltd. and its holding company to lease a car with a lease agreement of KRW 2,095,50 per month for 60 months, which is equivalent to the market price of KRW 135,363,860.

After that, around February 3, 2017, the Defendant sent a peremptory notice to the victim company to the effect that “the lease contract is terminated as of February 8, 2017 and the said vehicle is returned” from around November 30, 2016, and the Defendant refused the return of the said vehicle without justifiable grounds even though he received the peremptory notice from C at around that time.

Accordingly, the Defendant embezzled the property owned by the victim company.

[2017 Highest 1084] On June 30, 2015, the Defendant entered into a lease agreement with the victim E Co., Ltd. to pay rent of KRW 2,282,121 per month for 60 months for the F AD car, the market price of which is equivalent to KRW 123,453,000, which is owned by the victim E Co., Ltd., at the office of the Defendant located in Gunsan City, and had the said car kept for the victim.

On January 12, 2017, the Defendant, at the office Co., Ltd. around January 12, 2017, received notice from the injured party that the lease contract was terminated, but embezzled by refusing to return the said car without justifiable grounds.

[2017 Highest 1449] The defendant is the representative director of C corporation established for the purpose of the meat processing business.

On December 23, 2016, the Defendant made a false statement to “I, an employee of the Victim H, the Cheong-gu, Seocho-gu, Seoul Special Metropolitan City, ordering two tons of the right after the swine machine to be unloaded to the factory as soon as possible, and the price for the swine machine to be paid immediately by the company.”