Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On May 19, 201, the Defendant concluded a car lease agreement with the victim to pay rent of KRW 3,050,200 per month to the victim for 48 months, at the office of the Tonggs Capital Co., Ltd. located in the Tong-dong 1036-6, Young-dong 1036-6, and embezzled the above car equivalent to KRW 85,000,000 per market price by refusing to return without justifiable grounds even though the Defendant was requested by the victim for the return of the said car on January 9, 201, while he was transferred and kept the said car for 48 months.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A complaint;

1. An investigation report, a report on reference witness, and an investigation report (attached to the terms and conditions of a lease agreement and the details of deposit of lease fees);

1. Application of Acts and subordinate statutes to modern capital lease agreement, business registration certificate, full registration certificate, registration certificate, and guide for termination of each lease contract;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the Defendant only lent the name of representative director D, a party to a car lease contract, to E, and did not actually use the instant vehicle and continued to pay the lease fee according to the agreement with the victim after the victim’s request for return. Thus, the Defendant asserts that there was no intention to acquire illegal gains on the instant vehicle.

The intention of unlawful acquisition in embezzlement refers to the intention of a person who keeps another's property without authority against his/her own interest or a third party's own interest to dispose of the property as if he/she own it. Therefore, even if he/she refused to return it, the refusal to return it shall be made.