A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around April 12, 2009, the Defendant: (a) prepared a vehicle rental contract with the victim, a victim, a corporation located in 210-8, Youngdong-gu, Youngdong-gu, Youngdong-gu, Sungsungsung (hereinafter referred to as the “Defendant”) to use and return the said company’s employees’ name and defective persons and BNF nF Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba 40,000, by May 30, 2009; and (b) used the said vehicle until May 30, 2009, which is the agreed period upon delivery of the said vehicle.

However, the Defendant had been in excess of the obligation at the time, and was instructed to demand the occurrence of the debt by the bond company, and the newly entered revenues were collected by all creditors under the pretext of interest, etc., so there was no intention or ability to pay the said rent even if the vehicle is leased.

As such, the Defendant, by deceiving the victim, received the above vehicle from the victim and used it, did not pay rent of KRW 1,960,000, thereby acquiring the same amount of property benefits and suffered the same property damage equivalent to the same amount as the victim.

2. While the Defendant kept the siren that he leased as above on behalf of the victim, on May 1, 2009, when he received a request from the victim for “a reimbursement of siren expenses, and return of the vehicle on the date when the lease contract is terminated,” the Defendant’s mobile phone number was cut off contact with the victim by means of changing the Defendant’s mobile phone number, and embezzled the said vehicle’s market value of KRW 10 million from June 1, 2009, which was the expiration date of the lease contract.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (the sequence 6 of evidence list);

1. Application of Acts and subordinate statutes on vehicle rental contracts;

1. Relevant Articles 347(1) and 355(1) of the Criminal Act concerning criminal facts and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.