A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative director of the corporation B.

On October 16, 2013, the Defendant entered into a lease agreement with the Defendant to pay for the Cbea crick-in 36 months each month at the location of the Man Capital Co., Ltd., Ltd., the victim of the damage at the location of the Manyang-si, Yongsan-gu, Busan Metropolitan City, 494, in the amount of KRW 1,172,650 each month.

In a situation where the Defendant was notified of the scheduled termination of a contract under a self-lease agreement on November 3, 2016 from the injured party on October 2, 2016, when the economic situation was difficult due to a difficulty in paying the lease fee normally for 35 months from that time, and the Defendant did not comply with the demand for return of the vehicle which had been maintained for 11 months from that time.

Accordingly, the defendant, who has kept another's property, refused to return the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notice of termination pre-announcement while entering into an overland lease agreement, a facility lease agreement, a request for return of a Vietnam cruise vehicle (C), and application of statutes on registration certificates;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines set forth in type 1 (the scope of the recommended punishment shall be less than 100 million won) is reduced area (one month to ten months) [the person subject to special mitigation] is not subject to punishment, or substantial damage is recovered;

2. The fact that the defendant who has been sentenced to punishment has been punished several times for a crime of property is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake, most of the lease fees during the contract period were paid, and the return of the vehicle and agreed with the victim are favorable circumstances to the defendant.

The sentencing shown in the records and arguments of this case, such as the above circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.