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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 23, 2012, the Defendant agreed to lease a passenger car under the name of the Defendant from C (Death on April 23, 2013) and agreed to pay KRW 34,220,00 every month at the Hyundai Motor Corporation D agency located in Songpa-gu Seoul Metropolitan Government and KRW 781,200 for 48 months, and transferred the car to C, following the lease of one vehicle for HG car.
On March 20, 2013, while the defendant kept the above car for the victim, he was requested by C to request the loan of the above car as a collateral, and at that time, he consented to the loan, and delivered C a letter of vehicle abandonment, a certificate of seal impression, etc. to C at his own discretion as collateral for the above car.
Accordingly, the defendant embezzled the victim's property in collusion with C.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application for Hyundai Capital Lease, the register of automobiles, the account statement for termination of automobile lease, the details of deposit, the highest payment of overdue rent, and the application of Acts and subordinate statutes to guide termination of lease contract;
1. Article 355 (1) or 30 of the Criminal Act applicable to the crimes and Articles 355 (1) or 30 of the Criminal Act;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act, even though the defendant was unable to agree with the victim, he was the first offender and the criminal of this case is led to the confession and rebuttal of the crime of this case, the defendant also suffered damage