1. The sentence against the accused shall be determined by a fine of eight million won;

2. The defendant does not pay the above fine.

Punishment of the crime

[criminal records] On January 16, 2015, the Defendant was sentenced to imprisonment for four months by obstructing business operations at the Daegu District Court, and the judgment became final and conclusive on January 24, 2015.

[ 범죄사실] 피고인은 2013. 11. 21. 경 대구 중구 B 101호 내에서 지인인 C 명의로 차량 임대업 체인 에스케이 네트 웍스 주식회사와 D YF 쏘나타 승용차에 관한 임대차계약을 체결하고, 같은 달 29. 경 위 승용차를 인도 받아 운행하면서 보관하던 중, 2014. 2. 경 피고인에게 2,000만원 채권을 가지고 있던

E arbitrarily transferred the said car to E in place of debt repayment, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. 에스케이 네트 웍스 주식회사의 고소장

1. The investigation report (as to the unrecovered vehicle)

1. A certificate of all matters to be registered, a motor vehicle rental contract, notification of the termination of a motor vehicle rental contract, a statement of text transmission, and a motor vehicle registration certificate;

1. Records of crime: References to inquiries, such as criminal history, reports on investigation (Attachment to a copy of concurrent crimes judgment), and application of attached data-related statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. There are many criminal records against the defendant with the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the same criminal records as the defendant for the reason of sentencing, and the fact that the defendant committed the instant crime at least five months after the completion of the execution of the sentence after having been sentenced to imprisonment, is disadvantageous to the defendant.

다만, 피고인이 이 사건 범행을 모두 자백하며 반성하고 있는 점, 피해자 에스케이 네트 웍스 주식회사가 피고인과 합의하여 피고인의 처벌을 원하지 않는 의사를 표시하고 있는 점은 피고인에게 유리한 사정들이다.

In addition, the defendant's age, sex, environment, circumstances after the crime, interference with the duties of the judgment, etc. shall be judged simultaneously.