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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 13, 2012, the Defendant entered into a lease agreement with Korea Co., Ltd. for social services 13,760,000 won, monthly lease fee of 1,654,40 won, monthly lease fee of 36 months, lease period of 36 months, or on the condition that she will return a vehicle at the termination of a lease contract, re-lease, purchase, etc., at the office of the automobile selling company located in Masan-si, Masan-si, Maz E300,000 won at the market price of 68,80,000 won.
While the Defendant kept the said vehicle for the victim, from September 25, 2012 to December 3, 2012, the Defendant paid only the lease fee of KRW 4,059,258 on four occasions from September 25, 2012, and did not pay the lease fee thereafter, and was requested by the victim to deliver the said vehicle on February 4, 2013. However, the Defendant had already received a demand for delivery of the said vehicle along with a notice of confirmation of termination of the contract from the victim on February 4, 2013. However, the said vehicle was delivered to B to use the Defendant’s vessel B as a security for borrowing KRW 19 million on or around December 2012, and was refused to return the said vehicle to the victim on or after February 4, 2013.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to a copy of a motor vehicle facility rental agreement, a copy of a certificate of motor vehicle evidence, a copy of the payment of installment charges/lease fees, and a copy of the final
1. The punishment shall be determined within the scope of the sentencing guidelines, taking into account the relevant legal provisions on the facts of crime and the fact that the reason for the sentencing of Article 355(1) of the Criminal Act (Selection of Imprisonment), the scale of actual damage (in light of lease deposit, installment payments, etc., approximately KRW 50 million when considering the amount of lease deposit, installment payments, etc.) and the fact that the victim failed to agree with the victim and the damage was not completely recovered