A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 29, 2014, the Defendant entered into a lease agreement on the condition that the Defendant would pay KRW 1,183,030 per month lease fees to the E-U.D. owned by the victimized Company for 48 months, at the (ju) D office in the Suwon-si Office for the Defendant’s operation of the Defendant, and received the said vehicle from the said employee.

However, on November 6, 2015, the Defendant embezzled the said car in an amount equivalent to KRW 63,200,000 at the market price due to the Defendant’s failure to pay the above rent after July 2015.

Summary of Evidence

1. The defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Determination of types] Embezzlement Misappropriation Misappropriation Offense, Type 1 (less than KRW 100 million) (Special Sentencing) No person [the recommended field and recommended sentence] basic area, April -1 year and April 4 months;

2. Determination of sentence: Imprisonment with prison labor for 8 months and suspended sentence for 2 years, the defendant has a great responsibility in that he did not return the vehicle of lease equivalent to 63 million won.

On the other hand, some facts are recognized and wrong.

The lease fee for a certain period of time was paid normally.

In addition, it is also recognized that there is no history of criminal punishment other than fines.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, family relationship, health status, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, a suspended sentence of imprisonment shall be imposed on the Defendant, but community service shall be added.