A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From October 2012, while the Defendant was operating the said company as the representative of the Dispute Resolution Co., Ltd., on March 13, 2014, the Defendant entered into a lease agreement (a lease agreement) with the victim M&6D vehicles (acquisition cost of KRW 79,108,569) on May 18, 2015 with the victim non-victim M&D vehicles (acquisition cost of KRW 115,000,000) with the victim non-victim M&6D vehicles (acquisition cost of KRW 115,00,000) with the respective rental period of 36 months.

On September 2015, the Defendant, at a place where it is impossible to know the location of the vehicle, provided that he/she would waive the ownership of the said vehicle if he/she is unable to repay the borrowed money to a person whose name is unknown, provided two above vehicles as security, and used the borrowed money arbitrarily, and embezzled the borrowed money by transferring the two above vehicles to a person whose name is unknown at around November 201 of the same year because he/she could not repay the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. An agreement of siren (C), an installment payment certificate (18 installments), a vehicle acceptance certificate, a certified copy of resident registration, and a chief executive officer;

1. Application of Acts and subordinate statutes to applications for vehicle operation lease (D), financial applications, agreement on operation lease, receipts, automobile registration certificates (D), and contract confirmations;

1. Article 355 (1) of the Criminal Act (the point of each embezzlement) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines set forth in type 1 (the scope of the recommended punishment shall be less than 100 million won) is reduced area (one month to ten months) [the person who is specially mitigated] is not subject to punishment, or a significant damage is recovered;

3. Of the embezzlement vehicles of this case where the sentence of sentence was rendered, the victim's Doctrine from among the embezzlement vehicles of this case shall be returned, and the victim does not want the punishment of the defendant under the agreement with the above victim.