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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
Around February 20, 2018, the Defendant: (a) borrowed approximately KRW 5,00,000,000 from a name-free person in Mapo-gu Seoul, Mapo-gu, Seoul to pay KRW 588,590 per month to the victim D Co., Ltd and EM6 car (vehicle price: KRW 27,230,140) in the name of F for 60 months; and (b) concluded a lease agreement with the victim to return the said vehicle at the time of the expiration of the contract; and (c) kept the said vehicle for the victim. On January 20, 2019, the Defendant arbitrarily provided the said vehicle as security by borrowing approximately KRW 5,00,000 from a name-free person.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Application of Acts and subordinate statutes to the documents related to the written statement of the F statement in the defendant's legal statement (including the statement, the agreement on vehicle lease and loan);
1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered that the defendant does not want the punishment of the victim by returning the vehicle to the victim);