A defendant shall be punished by imprisonment for not more than ten 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

[2015 Highest 3159] On August 24, 2012, the Defendant entered into a lease agreement in the name of H, a type of the Defendant, to pay KRW 1,601,410 (the lease deposit amount of KRW 13,760,00), monthly lease fee of KRW 68,80,000 (the last 20,640,000,000 at the time of lease), in relation to the Korea-U.S. Motor Vehicle at the point of origin of Hansung-si located in 23-2, the damaged person at the point of origin of Hansung-si, Hansung-si, 23-2, and then received delivery from the injured person around that time.

When the defendant and the victim enter into the above lease contract, the ownership of the leased motor vehicle is owned by the financial company, the customer can not arbitrarily use the leased motor vehicle to a third party with only the right to benefit from use, and if the monthly rent is overdue, the financial company may terminate the contract and claim the return of the motor vehicle.

Since an agreement was made with the content that “the injured party had ownership of a passenger car during the lease period.”

Nevertheless, while the Defendant kept a car on behalf of the victim, the Defendant borrowed 15 million won to I who is an Internet lending business entity of the non-road loan on May 2014 and embezzled the said car by arbitrarily transferring it.

[2015 Highest 3468] On July 201, 201, the Defendant: (a) the sum of the deposit money for the lease of a multi-householded building owned in the name of the J, the wife of the Defendant is KRW 349 million; (b) the preferential credit amount secured by the building due to the relationship with the maximum amount of the claim for the right to collateral security established in the Saemaeul Treasury is KRW 370 million; and (c) the preferential credit amount secured by the building reaches KRW 719 million; and (d) the market price of the building was difficult to enter into a lease contract agreement of KRW 120 million with respect to KRW 301,00,000,000, which is difficult to enter into a lease contract brokerage for the building; and (d) the Defendant paid KRW 101,000,000,000,000,000, which is one of its co-owners, on February 22, 2010.