Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

Defendant

A The above fine shall be imposed.

Punishment of the crime

1. On February 10, 2010, Defendant A entered into a lease agreement with the “F Company” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “victim Company”) to pay lease amounting to KRW 58,627,624, lease amounting to KRW 36 months, monthly lease amounting to KRW 627,559 with respect to automobiles owned by the victim, and the said automobiles shall not be transferred to a third party or made it available to a third party without the victim’s prior consent. At that time, Defendant A received the said one vehicle from the victim Company.

While the Defendant was using the said car in accordance with the foregoing lease agreement, the Defendant delivered the said car to friendly B under the pretext that she succeeds to the lease agreement in front of the Suwon-si Suwon-si, H and 291 Dong 802, around April 29, 2011 without the consent or approval of the victim company.

Accordingly, the defendant embezzled the victim's property.

Although the defendant is merely merely a non-performance of a lease contract under the civil law, and there is no intention of illegal acquisition, according to the following evidence, it is acknowledged that the defendant under the lease contract of this case stipulates that the defendant shall not transfer the goods to a third party without the prior written consent of the victim company, and that the defendant shall transfer the vehicle to the third party only after the succession to the lease contract of the defendant B was not completed. In light of the above circumstances, it is reasonable to view that the defendant had the intention of incomplete or unlawful acquisition.

2. Defendant B: (a) around April 29, 201, the Defendant received the delivery of the said car from A and kept the said car under the pretext that he succeeded to the lease contract, as set out in paragraph (1) in front of the street No. 291, 802, the Defendant succeeded to the lease contract, as set forth in paragraph (1).

However, the defendant was not entitled to succeed to the lease contract from the beginning, such as credit condition, etc., and thereafter consent or approval from the victim company for the succession to the lease contract is obtained.