A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 24, 2016, the Defendant entered into a lease agreement on the condition that KRW 2,360,000 per month and KRW 2,360 per month be paid to the employees D belonging to the victim C's Ansan Branch Co., Ltd. and the ENA Q90 car owned by the victim company, and kept the said car in custody for the victim company.

On September 4, 2018, the Defendant embezzled the above car amounting to KRW 9,300,000 at the market price by rejecting a request from the victim company to return the car because the rent was not paid from May 20, 2018.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as filing of a complaint, a motor vehicle lease contract and all documents, early termination, and notification of counter-payment of a motor vehicle, details of sending text messages and copies of a motor vehicle registration certificate

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

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

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [Type 1] (no person specially punished] below 100 million won [the scope of recommendations and recommendations] basic area, imprisonment with labor for up to 4 months and 14 months [the general person who is punished] - Where a mitigation element is not an occupational embezzlement or breach of trust: In cases of embezzlement (the grounds for suspension of execution of sentence] - Major illegal grounds: Unagreement;

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;