A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative director of C) and D is the person in charge of the actual business of the above company.

On October 23, 2013, the Defendant entered into a car lease agreement with D, with the content that the Defendant would pay the lease amount of KRW 99,597,530, and the lease amount of KRW 2,650,90,00 for 36 months from October 21, 2016, at the dong-dong, Yangcheon-gu, Seoul, 177 Samsung C&T 17 Samsung Baba, located in the 2nd floor of the 2nd E&T 1, M&T, the Defendant (State), the Defendant, at the Dong-dong, Yangcheon-gu, Seoul. The Defendant received the said car.

The Defendant borrowed 40,000,000 won from the Buddhist Office located in Guro-gu Seoul Metropolitan Government on October 2015, and disposed of the said car in the manner of mind, with D, while keeping the said car for the victim.

Accordingly, the defendant embezzled the property owned by the victim in collaboration with D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A complaint;

1. Application of Acts and subordinate statutes concerning a motor vehicle lease contract, motor vehicle registration certificate, motor vehicle sale contract, business registration certificate, and collection of rent;

1. Article 355 (1) and Article 350 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - [Scope of recommending punishment] Type 1 (less than 100 million won) of Article 62-2 of the Framework Act on the Punishment of Social Service [No person who is subject to special sentencing] [Pronouncement of sentence] - Reasons favorable to a sentence; no person who has been sentenced to imprisonment without prison labor or heavier punishment; the fact that the instant car was transferred to the victim and the instant car was restored to a certain extent (the victim submitted a letter of revocation of complaint after the closure of pleadings) - The fact that the amount of embezzlement is larger