A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around May 17, 2018, the Defendant entered into a long-term lease contract on the condition that the victim and the victim-owned company pay rent of KRW 1,023,00 per month for 48 months with respect to one F car equivalent to the amount of KRW 63,30,000 at the market value of the F car located in the C Seosan-si B, Chungcheongnam-gu, Chungcheongnam-do, and the Defendant was in custody for the victim on the same day. From December 26, 2019 to March 3, 2020, the Defendant refused to return the above long-term lease contract without justifiable grounds even if the Defendant was notified of the termination of the lease contract and requested to return the said car on the ground of the unpaid rent from the victim on March 3, 2020.

Accordingly, the defendant embezzled the above car owned by the victim.

Summary of Evidence

1. The application of each police's protocol of interrogation of the accused's suspect to each police's statement, investigation report (to attach a vehicle photograph), each investigation report (to hear the statement by the accused's counsel), D long-term sirens' application, D long-term sirens' agreement, payment statement, and content certificate law to the accused;

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 applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] Embezzlement and Breach of Trust [Type 1] below KRW 100 million - Reduction element: In cases where the risk of damages is not substantially realized, in cases where the risk of damages is not substantially realized, [the scope of the recommended area and the scope of the recommended punishment] special mitigation range, in cases where the risk of damages is not significantly realized, [the scope of the recommended area and the scope of the recommended punishment] special mitigation range, in 1 to 10 months [the grounds for suspension of execution] [no person who is a general person] - Major pride grounds: In cases where considerable damage is recovered, no penalty

3. Determination of sentence: The crime of this case committed by the defendant for April of imprisonment, year of suspended execution, shall be returned even if the victim is notified of the termination of the long-term lease contract and demanded to return the car;