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 of the final judgment.

Punishment of the crime

On December 6, 2012, the Defendant concluded a contract to pay rent of KRW 3,119,90 per month by leasing Benz Skis vehicles equivalent to KRW 86,400,00 at the 1st of Hyundai Capital, Hyundai Heavy High Office located in Gwangju, Seo-gu for 36 months.

However, on May 25, 2013, the Defendant refused to return the vehicle even if the Defendant requested the return of the vehicle from the victim due to the termination of the contract on July 16, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement of the police suspect interrogation protocol of the defendant on the defendant's court statement;

1. C’s statement summary, each investigation report contract, detailed statement of payment, direction for termination of lease contract, application of Acts and subordinate statutes for inquiry into arrival of registration;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant paid rent for five months only after he/she leased the vehicle from the victim, and did not pay rent thereafter. The defendant refuses to return the vehicle even though he/she provided the vehicle to another person immediately after the vehicle was taken over for the purpose of securing the vehicle, and the value of the vehicle that the defendant refused to return cannot be deemed to be small, in light of the fact that the defendant's refusal to return the

However, in full view of the fact that the defendant agreed with the victim that the victim is not subject to the punishment of the defendant (a person with a special appearance), the defendant has no record of punishment exceeding the fine, and other circumstances such as the defendant's age, character and conduct, environment, etc., the defendant's recommended type of punishment according to the sentencing guidelines shall be within the scope of 1 to 10 months [the mitigated range of 10 million won (the mitigated range of 100 million won)].