A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant, who was aware of his knowledge, asked the Chairperson G of F Co., Ltd. working for the defendant to look at whether he can succeed to the lease contract by entering into a lease contract with the Hyundai Capital of the Co., Ltd. and using the ENS. ENS vehicle by entering into the lease contract with D, and G decided to succeed to the lease contract by exchanging the ENS vehicle with the ENS vehicle being used individually.

The Defendant, while promoting the succession of the lease contract in the name of F, became aware that the company could not become a party to the lease contract due to lack of sales performance of the company. On April 2010, the Defendant asked the victim I, the representative director of H, a corporation F, which entered into a joint business agreement with the Ministry of National Defense with the Ministry of National Defense, to lend the name of F to the succession of the lease contract.

Accordingly, on April 23, 2010, the victim I entered into a lease agreement between Hyundai Capital Co., Ltd. and Hyundai Capital Co., Ltd. with respect to the above NAS vehicles with a deposit of KRW 5 million, and the lease fee of KRW 1,459,300 for 31 months.

However, while using the above NAS vehicle, G was unable to pay the lease cost, and at the same time revoked the above exchange contract concluded with D from July 2010 to August of the same year, G returned the above NAS vehicle to D at the same time. Around that time, D returned the above vehicle to the victim and transferred the above NAS vehicle to the defendant.

The Defendant, upon D’s request, was a legal successor of the lease contract, who is responsible for paying the monthly lease cost, stored the above NAS vehicle for the said victim. From July 2010 to August 201 of the same year, the Defendant rejected the request despite the victim’s explicit request for return.