A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 25, 2013, according to the distribution of Seocho-gu Seoul, the Defendant entered into a lease agreement with the victim Aju Capital Co., Ltd. (BMW MIN) and the Non-MMI (MW MIN) car 1 car at the beginning point of the Seocho-gu Seoul, Seoul, for a lease period of 60 months, and for a lease fee of 686,437 won per month. At that time, the Defendant was issued one BMW MIN car at the victim’s market price of 36,70,000 won.

On January 14, 2014, the Defendant borrowed KRW 12 million from D before the river station located in 1097 as Gangdong-gu Seoul, Gangdong-gu, Seoul, while keeping the said car for the victim, and granted the said car as security at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Each copy of a motor vehicle registration certificate, erroneous soil lease contract, or notification of termination of a lease contract attached to a complaint;

1. Application of Acts and subordinate statutes to criminal investigation reports (D hearing statements);

1. Relevant laws concerning criminal facts, Article 355 (1) of the Criminal Act which choose a penalty, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Criminal Act without a basic field (less than KRW 100,000) [Attachment Decision] [No person in special form] [Attachment Decision] The amount of damage exceeds KRW 30,000,000,000 or has not been agreed, or has not been repaid for damage, and there has not been two months since a lease agreement was entered into, and a lease agreement was not entered into, and the pertinent car was offered as security, thereby committing the crime of embezzlement in this case.

However, there is no criminal record against the defendant, the defendant reflects the defendant's wrong, the defendant has paid rent for a considerable period of time even after the crime of embezzlement was committed by providing the automobile of this case as security, and records such as the circumstances where the defendant committed the crime of this case, the age of the defendant, character and conduct, environment, circumstances before and after the crime, etc.