The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. Although there is a name of the leased vehicle in the name of the victim, the defendant is merely merely a formal one, and the defendant is able to exercise the substantive right to dispose of the vehicle, and the above vehicle is provided as security.

The court below committed an unlawful act that affected the conclusion of the judgment by misunderstanding the fact that the defendant had intended to embezzled goods owned by others.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts duly admitted and examined by the lower court in determining the assertion of mistake of facts, it can be recognized that the Defendant provided the said vehicle as security to a third party, even though he/she is well aware of the ownership of the leased vehicle, in view of the following facts and circumstances inferred therefrom.

① According to the summary table of the lease agreement, which appears to be directly prepared by the Defendant, where the representative agency of a corporation C, a corporation operating by the Defendant, embezzled the property entrusted under the name of the corporation, the natural person shall be deemed the subject of embezzlement. The representative agency includes not only the representative director in legal and formal form but also the person who actually manages the corporation (see, e.g., Supreme Court en banc Decision 82Do2595, Oct. 10, 1984; Supreme Court Decision 88No806, Aug. 17, 1989). The name of registration pursuant to the lease agreement between the victim and the victim (hereinafter “the lease agreement of this case”).

According to the terms of this lease contract, the victim is registered as the owner in the motor vehicle register.

② According to the terms and conditions of automobile lease related to the instant lease agreement, the lessee clearly states that the vehicle is the victim’s ownership as follows:

Article 2 (Definitions)

1. The term “motor vehicle leasing” (hereinafter referred to as “motor vehicle leasing”).