A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 21, 2012, the Defendant paid the lease fee of KRW 684,469 per month during the lease period from August 2, 2012 to July 2, 2015. At the office of the Seocho-gu Seoul Metropolitan Government 1450-4, the Defendant entered into a lease agreement with the Defendant on condition that he/she did not infringe on the victim’s ownership and rights to a motor vehicle, such as the provision of goods to a third party without prior written consent, and that he/she did not transfer the said motor vehicle to a third party under the said lease agreement.

While the Defendant kept and used one motor vehicle for the victim, on August 23, 2013, the Defendant arbitrarily delivered the said motor vehicle as a collateral, on the condition that the Defendant would pay the entire loan by September 23, 2013, by designating approximately KRW 18,000,000 per annum from the mutual infinite lending company located in a non-finite zone at the Sungnam-si city (hereinafter referred to as the "SP") and at the rate of 39% per annum per annum and 3.2% per month.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on loan transaction, registration certificate, and Oral lease contract;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal conviction, and that there is an agreement with the victim);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;