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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 8, 2014, the Defendant entered into a lease agreement with D gas station located in Seo-gu, Yongsan-gu, Incheon Metropolitan City, as to the victim's Hyundai Capital Co., Ltd. and the E K9 passenger cars worth KRW 38 million at the market price (the lease term of KRW 60 months from March 5, 2014, the lease term of KRW 1,58,800).
On November 30, 2014, while the Defendant kept and used the said K9 car in accordance with the above lease agreement, the Defendant provided the said vehicle as collateral with the amount of KRW 30 million to the nameless loaner without the consent of the victim at the above D D's office without the consent of the victim. On May 6, 2015, the Defendant refused to return the vehicle even if he received a request for the termination of the lease agreement and the return of the vehicle from the victim to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint;
1. Original register of automobile registration and details of control;
1. Application of statutes, such as a lease agreement;
1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is necessary to impose strict punishment in light of the fact that the damage caused by the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is not recovered, and the possibility that vehicles may lead to the second crime, such as large vehicles, etc. due to the crime.
However, considering the fact that the actual amount of damage caused by the victim revealed in the record, the details of the crime in this case, the defendant's mistake is divided and reflected, and that there is no past criminal record, the execution will be suspended only once by taking into account the sex, age, occupation, and economic circumstances of the defendant.
It is so decided as per Disposition for the above reasons.